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THE 



GENERAL TITLE 



OF THE 



PENN FAMILY 



TO 



PENNSYLVANIA 



AN ABSTRACT PREPARED BY THE HONORABLE 

JOHN CADWALADER, A.M., LL.D., 

DECEASED 



CONtlNUED TO THE PRESENT TIME BY 

WILLIAM BROOKE RAWLE, A.M. 



PHILADELPHIA 
1900 



THE 

GENERAL TITLE 

i 

■' OF THE 

PENN FAMILY 

TO 

PENNSYLVANIA 



AN ABSTRACT PREPARED BY THE HONORABLE 

JOHN CADWALADER, A.M., LL.D., 

DECEASED 



CONTINUED TO THE PRESENT TIME BY 

WILLIAM BROOKE RAWLE, A.M. 



PHILADELPHIA 
1900 



3^3 



Vw'' 



="/// 






70063 



Reprinted from 
" 7y^(? Pennsylvania Magazine of History and Biography.''^ 



CONTENTS. 



PAGE 

Introductory 5 

Abstract of the title as prepare 1 by Judge Cadwalader . . 6-56 
Item No. 1. Charter, March 4, 1681, King Charles II. to Wil- 
liam Penn for the Province of Pennsylvania . 6 

" 2. Declaration, April 2, 1681, King Charles II. to 

Inhabitants of Pennsylvania .... 8 

" 3. Release, October 7, 1708 (reciting Lease) being a 
Mortgage of the Province of Pennsylvania and 
the Three Lower Counties, by William Penn, 
Senior, and William Penn, junior, to Henry 
Gouldney et al 8 

" 4. Will. May 27, 1712, of William Penn ... 9 
Deed Poll of Appointment, November 18, 1718, of 

Hannah Penn 11 

Will, September 11, 1718, of Hannah Penn . . 12 

" 5. Deed Poll of Appointment, January 7, 1725, of 

Hannah Penn 12 

Decree, July 4, 1727, of Court of Exchequer in case 
of John Penn et al. vs. Springett Penn et al. . 13 

" 6, Indenture of Agreement, July 5, 1727, between 

John Penn and others . . . . .14 

" 7. Lease and Release, January 13 & 14, 1729, Joshua 
Gee et al. to John and Thomas Penn and Trus- 
tees of Richard Penn in satisfaction of the mort- 
gage of October 7, 1708 16 

" 8. Indenture of Release, June 24, 1735 (reciting Lease) 
Samuel Preston et al. Surviving Trustees of the 
Will of William Penn (the Founder) to John 
and Thomas Penn and Trustees of Richard Penn 18 
9. Lease and Release, September 22 & 23, 1731, 
William Penn (3d) et al. to John and Thomas 
Penn and Trustees of Richard Penn for the 
general right to the soil and Government . . 19 

" 10. Indenture of Grant, February 11, 1743, John, Earl 
Poulett to John and Thomas Penn and Trustees 
of Richard Penn for the Government . . 21 

" 11. Articles of Agreement, May 8, 1732, between John, 

Thomas and Richard Penn to create the entail . 23 

" 12. Release, May 28, 1742, La^titia Aubrey to John, 

Thomas and Richard Penn . . . . 2Q 

" 13. Will, October 20, 1746. of John Penn creating the 

entail as to one-half 26 

" 14. Release, April 80, 1763, Philadelphia Hannah 
Frseme to Henry Wilmot In Trust for Thomas 
Penn . 29 



iv Contents. 



Item No. 15. Articles of Agreement, January 31, 1750, between 

Thomas and Richard Penn regarding the entail 30 
Articles of Agreement, March 20, 1750, between 
Thomas and Richard Penn regarding the entail 34 

" 16. Lease and Release, August 14 and 15, 1751, Mar- 
riage Settlement of Thomas Penn creating the 
entail as to one-fourth 35 

" 17. Will. November 18, 1771, of Thomas Penn, and 
Codicils, July 11 and July 18, 1772, and June 23, 

1774 44-47 

Act of Assembly of Pennsylvania, November 27, 
1779 -Divesting Act 47 

" 18. Act of Assembly, March 28, 1787, regarding the 
payment of the compensation money received 
under the Divesting Act 49 

" 19. Appointment, June 8, 1790, Lady Juliana Penn etal. 
English Executors of Thomas Penn to the legal 
representatives of the survivor of the Trustees, 
devisees named in the Will of Thomas Penn of 
his private estates in Pennsylvania . . .50 

" 20. Will, March 21, 1750, of Richard Penn creating 
the entail as to one-fourth, and Codicils, January 
15, 1756, March 13, 1760, December 24, 1763, 
and July 13, 1768 50-54 

" 21. Will, January 2, 1795, of John Penn (2d) . . 54 

" 22. Indenture, May 17, 1774, Richard Peters and others 
Devisees and Trustees named in Will of Richard 
Penn to John Penn (2d), release and disclaimer 
as to manor and reserved and purchased lands . 54 

" 23. Articles of Agreement, March 14, 1787, between 
John (2d) and Richard (2d) Penn as to division 
of the compensation money . . . .55 
Note as to the case of Richard Penn v. Executors of John Penn 56 

Continuation of the title, through the entailment, with genealogi- 
cal details 57-75 

Share of John Penn 58-62 

" Thomas Penn 62-65 

Richard Penn 65-69 

Analysis of the entail title, termination of the male entail, and 

vesting in tail general in the Stuart branch . . . 69-71 
Barring of the entail by Deeds of August 5, and Sept. 2, 1870 71-72 
Confirmation by Deed of Nov. 11, 1870, of grants by former 

Tenants in tail male 72-73 

Subsequent devolution of the title to William Dugald Stuart 73-75 

Conclusion 75 



THE GENERAL TITLE OF THE 
PENN FAMILY TO PENNSYLVANIA 



I. 

The following paper was prepared many years ago by the 
Hon. John Cadwalader, now deceased. At the time he was 
the Pennsylvania counsel for the Penu family, in which ca- 
pacity he continued to act until his elevation in 1858 to the 
Bench of the United States District Court for the Eastern 
District of Pennsylvania. He was eminently and particu- 
larly well qualified for the task of examining, collating, and 
abstracting the voluminous and intricate muniments of the 
Penn title, most of which were at the time in his possession. 
Moreover, he was without comparison the best informed 
and the most learned of his profession regarding the early 
titles to, and the law of, real estate in Pennsylvania, which 
he had made his particular study. 

As the late Eli K Price, Esq., wrote in 1871, in an article 
on " The Proprietary Title of the Penns," published in 
" The American Law Register :" " For more than a cen- 
tury few even in the legal profession have understood the 
precise nature of the title and the powers of the Penns to 
the soil in Pennsylvania; and they have always been so 
honorably represented as to give to settlers and purchasers 
entire confidence, without inquiry into the wulls, articles of 
agreement, and marriage settlements of the family, few of 
which were of record or accessible within the province or 
State." 

This remarkable absence of general information continued 
until after the death, on September 10, 1869, without issue, 
of the Rev. Thomas Gordon Penn, the last descendant of the 
Founder bearing his family name, and the last tenant in tail 
male of the estate. In order to then ascertain definitely 
its further devolution, the muniments of the title were 

5 



6 The General Title of the Penn Family to Pennsylvania. 

gotten together by the late William Henry Rawle, Esq., 
the counsel for the estate ; and as they were exceedingly 
voluminous and difficult to handle, and written, most of 
them, on parchment, in old, faded court hand, they were, 
for more convenient reference and study, printed under his 
directions in a pamphlet of 177 pages, entitled, " Articles, 
Wills, and Deeds Creating the Entail of Pennsylvania and 
the Three Lower Counties upon Delaware in the Penn 
Family." It was from these original papers and other 
sources that Judge Cadwalader had prepared the following 
"Abstract of Title," which has always accompanied the title 
papers themselves, and with them is now in the possession 
of the Historical Society of Pennsylvania. The inquiries 
of late for information regarding the devolution of the Penn 
general title has suggested the present publication. In the 
original manuscript, which is otherwise strictly followed, 
the notes, citing authorities, etc., appear in the margins. 
They are here printed as foot-notes. 



ABSTRACT OF THE GENERAL TITLE 

OF THE REPRESENTATIVES OF THE LATE 

PROPRIETARIES OF PENNSYLVANIA 

N°l. 

1681 31ch 4. Charter' Ch&x\QQ 2<^ "to William Penn Esq 
Proprietary & Gov" of Penn''" 

Sect 1 Gives & Grants to W. P. his heirs ^ Assigns, Tract 
of Land in America with all Islands therein Contained, 
gdea -j^ J3y liiver Delaware from 12 miles distance North of 
Kew Castle to 43^* Degree ITorth Lat. if the River extend 
Northw'^ so far, if not, then by the River so far as it does 
extend & from its head by a Meridian Line to be drawn 
therefrom to 43'' Degree K. Lat. Extend^ Westw"^ 5 Deg. 

'5 Sm. LI 406, 411 ; 1 Proud 171, 187 ; & see the page of Ft-oiid pre- 
ceding & the one following this citation. Also Gordon 55 to 57 <& 549. 

Exemplification from the Office of the Sec^' of Com"^ 

The origl Charter is in the Office of the Sec^ of the Commonwealth 
where it was deposited 21 Feby 1812 ; 5 Sm LI 411 . 

The exemplification is made evidence by the Act of 31" March 1823. 
Purd 258. 



The General Title of the Penn Family to Pennsylvania. 7 

Long, from the E. Bounds— N. by 43* Degree N. Lat. S. 
by a circle drawn at 12 Miles dist. from New Castle N. W, 
to Begs of the 40"' Beg. N. Lat. thence straight west to the 
Limits of Longitude above mentioned. 

3. Constitutes W. P. his heirs & Assigns true & absolute 
proprietaries of the premises Reserving the allegiance of him 
his heirs & assigns & " of all other the proprietaries Tenants 
& inhabitants" & the Sovereignty 

Habendum the premises to W. P. in fee 

Tenendum of the King in free & common socage by Fealty 
only for all Services and not in Capite or by Knight's Service 

Reddendum yearly 2 Beaver Skins & 1/5 of Gold & Silver 
ore clear of all charges 

Constituting the premises a Province & seignory nomine 
Penns'^ 

6. English law as to Gov' of property descent succession 
& enjoy m* of Lands goods & chattels & as to felonies, to 
continue until altered by the Proprietary & Legislature. 

17. Gives & Grants to W. P. his heirs and assigns abso- 
lute authority to dispose of the premises in parcels at their 
pleasure, in fee simple, fee tail, for life lives or years, pur- 
chasers to hold of W. P. his heirs & assigns as of the Seign- 
iory of Windsor by such services customs & rents as shall 
to him or them seem fit and not immediately of the Kings 
of England. 

18. Notwithstanding the Stat, of Quia Emptores 

19. Mnpoivers^ W. P. and his heirs (& such tenant of any 
estate of inheritance under him or them as he or they may 
license) to erect Manors within the limits of any Manor, to 
grant lands tenend : of such manor, but without extending 

^ In the Conditions & concessions agreed upon with the first purchas- 
ers 11 July 1781 " 9*'y In every 100.000^ the Gov"" & proprietary by Lot 
reserveth 10.000 to himself which shall lie but in one place ; " 5 Sm. 
LI. 412. 

In Penn v. Kline Washington J. says " There vfere no manors in Penns"^ 
in a legal acceptation of that word. But there were many tracts of land 
appropriated to the separate use of the proprietaries to which this name 
had been given ;" Peters 0. C. P. 500 {n), 9 Wheat 258, 2 Yeates 572, 
2 Bin 476.^ 



8 The General Title of the Penn Family to Pennsylvania. 

the right of subinfendaiion which is prohibited as to sub- 
sequent alienations. 

23. If doubts arise as to Construction of this charter, it 
shall be interpreted (saving the allegiance without preju- 
dice) in the manner most favorable to W. P. his heirs and 
assigns. 

N" 2. 

1681 April 2. Declaration} Charles 2^ to the Inhabitants of 
Penns'' 

Recites grant by Charter. 

Commands obedience to W. P. his heirs & assigns " as 
absolute Proprietaries &c'"' 

N° 3. ^ 

1708 Oct. 7. Release^ (reciting Lease) being a Mortgage by 
W"" Penn Sen'' & Wm. Penn Jun' his son & heir apparent to 
Henry Gouldney, Joshua Gee, Silvanus Grove, John Woods, 
Thomas Callowhill, Thomas Oade, Jeffery Pennell & Thomas 
Cuppage in fee to secure the repayment in two years with 
6 p'' c* Interest of £6600. which W. P. Sen'^ had borrowed of 
the mt^^^' in the following proportions viz : of H. G., J. G., 
S. G., & J. W, £3100. of T. C. £1000. of same T. C, T. O. 
& J. P. £1500. of J. F. & T. Cuppage £1000. 

Grants all Penns*^ and three lower Counties saving to the 

' Dupl. Orig' ; also an ancient printed copy. 

1 Proud 189 n. 

^ Orig' endorsed as having been enrolled in chancery ; 4 subscribing 
witnesses. 

2 Sm. LI. 144; 1 Proud 485 n ; 2 Proud 115 ; Gordon 155. 

The Keceipts for the respective portions of m'^'^ money paid by the 
several m'^''" are 4 in number & each is attested by John Page who is 
also a subscribing witness to the delivery of the Deed — & a subscribing 
witness to Several of the subsequent Title Papers. 

One of the Endorsements on this M's« calls him John Page Gent^ w" 
as well as the name & handwriting identifies him with the same John 
Page who was dead in 1762 as appears from the affdt annexed to No. 5 
infra. 

[I have seen his name subscribed as attesting the execution of a Deed 
dated 1703.— J. C] 



The General Title of the Penn Family to Pennsylvania. 9 

heirs of the Duke of York all the rents & profits of the 
premises by him reserved & the free use of all port ways & 
passages. 

Excepting 4000^ Manor of Pennshury & 5000^ conveyed by 
W. P. Sen"^ to W. P. J-^ Oct. 22. 1681. & all the premises 
granted to T. Collett, M. Russell, D. Quare and H. Gouldney 
Aug. 12. 1699. & 5000^ granted by W. P. J-^ to I. Norris & 
W. Trent & all other Lands by the Same Lease & Release 
granted — and such other Lands as had been granted by 
W. P. Sen'' with the reservation of the Quit Rents included 
in this M*s^ 

Covt. of W. P. to pay the Mtge money & that he & his 
son have right to convey ; that upon Default in pay^ Mtge 
Money mtgees may hold possession & sell and dispose of the 
premises by themselves or by attorney & for better Securing 
its repay* 

Assign all dues of purchase money & arrears of rents with 
power to collect the same & authority to make insurance 
on all remittances of Monies collected ; charges of selling & 
collecting & premiums of Ins : & all charges risks & hazards 
of loss to be born by W. P. & deducted out of proceeds 

Cov^. of W. P. not to revoke authority until mtgees fully 
paid 

It being the declared understanding that the mtgees shall 
as soon as may be collect their mtge money at the cost & 
peril of W. P. but shall be accountable to him for any 
surplus. 

No 4. 
1712 May 27. WUl' of W. Penn 

^ Exempl"^ Probate 1718 Nov. 3. before Prerog. Ct. Cantab duly- 
proved & recorded in Phil ad" Co^ Register's Off : as p"" Cert: annexed. 
The witnesses who make probate are Simon Clements Esq & John Page 
Gent" 

All of this Will except the parts merely formal is set forth 2 Proud 
115, 117 & n: (see Gordon 177) [1 Proud 486 n. 2 Proud 115 n. 2 do 116 n 
proves that those marked X were then or soon after dead, & by com- 
paring 1 Proud 485 n. with the same references it w* seem that Th : Gal- 
lowhill was also dead. 



a 



10 The General Title of the Penn Family to Pennsylvania. 

Recites, Settlem* whereby his eldest son provided for 
Devises residue as follows viz 

The Gov^ to Trustees to sell. — 

The lands &;c* rents ^c« in Penns^' to Trustees, 

Hannah Penn 

Th: Callowhill 
X Marg* Lowther 
X Gilb* Heathcote 
X Sam^ "Waldenfield 

John Field 

Henry Gouldney 

X Sam^ Carpenter 
Rich-^ Hill 
^ J Isaac Norris 
f2 Sam^ Preston 

I James Logan 

1'' to sell for pay* of debts 

2**'^ to convey to each of 3 children of his son W" (viz) 
Gulielma Maria 
Springett & 
William 
10,000^ to be set out 
3^'^ to convey all the rest of his American real Estate 
to & amongst his children by his present wife, in such pro- 
portion & for such estates as she shall think fit 

after previously conveying 10,000^ in such places as the 
Trustees shall think fit to his daughter Lsetitia Aubrey 
whom he had omitted to name before 

All his personal estate to his wife whom he makes Sole Ex* 
"for the equal benefit of her and her children" and to 
whom by a Codicil he devises out of the rents of Penns'' an 
Annuity of £300. for life " & for her care & charge over 
my children in their education of w^ she knows my mind; 
as also that I desire they may settle at least in good part, 

' These two were in 1735. the only survivors of the 12. 



The General Title of the Penn Family to Pennsylvania. 11 

in America, where I leave them so good an Interest to be 
for their inheritance from generation to generation," 

1718 July 30 Died} W. Penn set. 74. 
2 Proud 115. Issue of his first Marriage 
'^ William (whose Issue were 
Gulielma Maria 
Springett & 
William) 
Laetitia [Aubrey] 

Issue of 2'' marriage 
f John ^ 

I Thomas I 
■{ Margaret )■ all minors 
I Richard j 
I Dennis j 

1718 Nov. 18 Apjmnimeni^ of Hannah Penn Deed Poll 

Recites Will of W. P. 1^' 

Appoints all the rest & residue of the Province w^ sh*^ re- 
main after fulfilling the provisions of the will for the 3 chil- 
dren of Wm. P. the Son of the Founder and for Laetitia 
Aubrey & paying the Annuity of £300. p. an. to herself, 

Subject to the Testator's debts 
to be conveyed by the Trustees 

I" to use of John Penn in fee 

& f to use of her then 3 younger children by the Founder, 
Thomas, Richard §- Dennis as jointenants. 

Proviso, if John do not pay her daughter Margaret £1500. 
at her marriage or full age whichever sh** first happen after 
his purpart conveyed to him or he sh*^ come into possession, 
\ of John's share shall go to Margaret in fee 

Proviso enabling her to revoke & alter this appointment 
at any time before Conveyances actually executed by the 
Trustees in pursuance of her directions as above by any 
writing under Seal executed before 2 witnesses 

1 2 Proud 105. Gordon 172. 

2 This deed is recited in No. 6 infra. 



12 The General Title of the Penn Family to Fennsylvania. 

1718 Sept 11 Will' of Hannah Penn 

Recitesin part the will of her husband & the power thereby 
given her in pursuance whereof She 

Appoints that residue Sic"" after paym' of his debts & her 
own shall be divided into 6 parts whereof 3 to Joh7i in fee 
on condition that he pay his sister 31argaret £2000. on her day 
of Marriage or full age & the remaining 3 parts to her 3 
other sons Thomas, Richard ^ Dennis & " their respective 
heirs each one 6"" part " & in case of either of them dying 
before the age of 21 his share to survivers. 

W 5. 
1725 JarCJ 7. Appointment of Hannah Penn, Deed PoW 
Recites the will of her husband & that since it was made 

Th: Callowhill 
Margaret Lowther 
Gilbert Heathcote I are 
Sam^ Waldenfield I dead 
John Field & 
Henry Gouldney 

That Nov. 18. 1718. she had made an appointment under the 
power in her vested by the will of W. P. by which appoint- 
ment she had reserved to herself the power of revoking it 

&C'' 

' Recited in No. 6 infra. 

This will is stated to have been executed before 5 witnesses & to have 
been left uncancelled. But qu: if not revoked by No. infra. 

''Rec'^ 1802 Oct. 20. in New Castle County Delaware in Book Y. Vol. 
2. Fol. 149. Recorded at Philad'' 22'' July 1829 in Book G. W. R. 31, 
page 40. 

Attested by 3 subscribing witnesses 8 Clement, John Page, Rich^ Beak 
proved before the L"^ Mayor of London by Rich^ Beale who deposes that 
of the other two witnesses John Page is dead & he believes that Simon 
Clement is dead. 1672 Aug 10. N. B. These two dec"* witnesses are the 
same who made Probate of the will of W. Penn. The proof by the oath 
of one witness good by the Act of 28 May 1715. Sect. 4. Purd. 162-3. 
for Deeds made oxit of the Province. 4 Binney^s Reports 208-9. 



The General Title of the Penn Family to Pennsylvania. 13 

That her son Dennis was since dead. 

John, Thomas, Richard, ^^ 31argaret, her only children by 
the s"^ Testator 

Appoints the premises as follows (subject to the other 
Trusts and provisions declared in the Will) 

That 500^ be conveyed to Margaret in fee 

That of the residue 
^ be conveyed to John in fee charged with pay' to Mar- 
garet of £500. within two years after he comes into posses- 
sion of the premises and of an annuity of £40. afterwards 
during her life for her separate use & the pay' of £1000. 
equally among her children within 3 Months after her death 
(if John then in possession otherwise within one year after 
his coming into possession) & if she die without child or 
children or none reach 21 3'ears of age the £1000. to be 
equally divided among John, Thos. & Rich'^ 

That the other | be conveyed to Thomas & Richard in fee as 
Jointenants 

WITH POWER OF REVOCATION. 

1727 July 4.. Decree' of C of Exchequer 

John Penn, Thomas Penn, Richard Penn & Margaret 
Penn, Plffs 

V. 

Springett Penn Son & heir of AVm. P. son of the Founder 
& al : Dfts 

Confirms the will & Codicil of Wm Penn the Founder 

1 Recited in No 6 & No 7 & No 8 infra 
{See Gordon 178). 

" As to the Proprietaryshii), it is well known it was some time in 
controversy & the will of William Penn was finally established & the 
right declared to be in the younger Branch of his Family " 2 Sm. LI 
145, * * * " the litigation respecting the will which was established in 
the Court of Exchequer in July 1727 & not before" — ib. 148. 

2 Proud 123-4-5 says inter alia " John, Thomas & Richard Penn the 
Surviving Sons of the younger branch of the family thenceforward the 
Proprietaries." 



14 The General Title of the Penn Family to Pennsylvania. 

N°. 6 

1727 July 5. Indenture of Agreement^ 
Parties 1. John Penn 

2. Thomas Penn 

3. Richard Penn 

4. Margaret Penn 

5. Thomas Frseme (her then intended hus- 

band whom she afterwards married) 

6. Joseph Wyeth & Silvanus Bevan 

Recites, that Hannah Penn (the Founder's 2'* wife) is dead 
that John Penn is her Adm'' c. t. a. & also Adm'' c. t. a. of 
his Father 

The ivill of the Founder (No. 4 Supra) published about the 
Beg^ of Mch 1711 & republished & coulirmed 27 May 
1712. 

H. Penn's Appointm' 18 N"ov. 1718 

" do 7 Jan^ 1725 (No. 5 Supra) 

'^ Will 11 Sept 1718. 

that Dennis Penn died 6 Feb^ 1722 under age & without 
Issue & that of the children of W. P. the founder and his 
" last wife " there now only remain John, Thos, Richd & 
Margaret 

The Decree Exch : 4 July 1727 

That since the death of Hannah P. (who left her will un- 
cancelled) several doubts had arisen & several disputes & 
controversies were likely to arise touching & concerning the 
Estate of the Founder & the said appointments & will of hi& 
widow. 

That this agreement is to settle & adjust all doubts &c'' 

That Hannah P. did not in her lifetime receive any part of 
or insist on the annuity of £300. mentioned in the Codicil 
of her husband's Will — 

' Recorded at New Castle Delaware 28 Oct. 1802 in Book Y. Vol. 2. 
Fol. 155. and at Philad" July 22. 1829. in G. W. R. 31. 43. 

Executed by the parties of the 1^' 2*^ 3** 4"' and 5"* parts in the pres- 
ence of John Page & Rich"* Beale of whom the latter on the 5 Aug 1727 
deposes before the Lord Mayor of London to its execution, describing 
himself as Richard Beale Clerk to John Page Gentleman. 



The General Title of the Penn Family to Pennsylvania. 15 

Declares the same to be extinguished & that the Estate of 
the Founder was discharged therefrom & from all arrears 

Covenants 

That Margaret or her Representatives shall not have or 
claim the 500"^ which it was directed she sh** have by H. 
Penn's Appointment of 7 Jau^ 1725 or any real estate under 
the will of the Founder, she releasing all claim of benefit 
therefrom except as hereinafter mentioned 

That Subject to the devises in the Founder's will in favour 
of the 3 children of his Son W"' & that in favour of L. 
Aubrey & subject to the Founder's debts 

John Penn shall hold in fee 

I of his father's Real Estate in America discharged of all 
demands of his sister Margaret excej^t the provision herein- 
after made for her & except likewise the Sum of £300. due 
from the Executrix of her father more particularly mentioned 
in an Indenture between the said parties of even date herewith 

Thomas Penn & Richard Penn shall hold in fee the other 
J of their father's real estate in America as Tenants in Com- 
mon & not as Jointenants & shall for that purpose when re- 
quired mutually execute conveyances &c'' Subject as above to 
devises & debts of their Father & discharged of all the claim 
of Margaret except that of the debt of £300. due to her as 
above 

Proviso, charging John's moiety with £500. pble to Mar- 
garet or her Representatives within 6 months after their 
father's debts are paid or sufficient money raised therefor 
& after John or his Representatives shall or might have rec'^ 
80 much money from his moiety of the premises 

Cov^ of John to pay the Same accordingly 

do & Declaration that his moiety be charged with annuity 
to his sister Margaret for life of £50 unless legal Int. sh*^ be 
reduced to 4 p/c or lower in which case £40. pble quarterly 
the first pay' on the quarterday next after the £500. shall 
have become due as above, the annuity to be for her separate 
use 

Also that his moiety be charged with pay* of £1000. within 
3 months after death of his sister Margaret to the party of 



16 The General Title of the Penn Family to Pennsylvania. 

the 6'^ P' hereto In Trust for Margaret's children as she 
might appoint by deed writing or will executed in presence 
of 2 witnesses — for want of appointra' to be divided equally 
among the children then alive — for want of any child or 
children Subject to her appointm' for want whereof to her 
legal representatives. No part of the £1000. to be p*^ to 
any child during its minority unless she direct otherwise & 
that in the meantime the money be invested & the inter- 
est applied to the education and Maintenance of the 
children 

The pay* of the £1000, not to commence until 6 months 
after the Founder's debts are paid nor until 6 months after 
John or his Representatives shall or might have received 
£1000. out of his Moiety. 



Covenant that Rich"^ Hill 
Isaac Norris 
Sam* Preston & 
James Logan 

" the now surviving Trustees as to the s*^ real estate in America 
named in the will of the" Founder and the survivors & sur- 
vivor shall make Conveyances &c : for better assurance &c : 
in Conformity with the Premises 

do — that the future expense of any Controversy about the 
Founder's will be borne 

f by John & his Rep^ 

f by Th : & Rich : respectively & their respective rep' 

& ^ by Margaret and her Rep^ 

N". 7 

1729 Jany 13 & U. Lease & Release^ 

' Orig'^ executed in presence of 4 witnesses of whom one is the same 
John Page 

Also Exempl" of the Record of the Release from an orig^ duly proved 
by two of the subscribing witnesses before a Justice of the Peace of 
Philad'' County where it was Rec<^ 28 June 1731 F. 5. 231. 



The General Title of the Penn Familjj to Pennsylvania. 17 

Release, Parties 1. Joshua Gee & John Woods 

2. Richard Penn 
Thomas Frserae & 
Margaret his wife 

3. John Penn and 
Thomas Penn 

Recites John, Thomas & Rich'^ Penn & Margaret Fraeme 
are all the Surviving children of the Founder by Hannah 
his 2'* & last wife 

do, that John is Adm'' c. t. a. of both his mother and his 
father 

do, the Mtge of 7 Oct. 1708 (K" 3 supra) 

do, the Avill of the Founder (N" 4 supra) 

do, the Decree of Exch : 4 July 1727 (Supra) 

do, the Articles 5 July 1727 (N" 6 Supra) 

Recites (as does also the Lease) that the whole mtge 
money has been repaid the mtgees of the Deed of 7 Oct. 1708 
& that the mtgees are all dead except the Party of the first 
part hereto in whom the mtged premises are vested by sur- 
vivorship 

That all persons anyways interested in the mtge money 
have released and discharged it 

Grant & release the whole to John & Thomas in fee, Haben- 
dum as to f for use of John in fee, Subject to the devises 
& debts of his Father & charged for the benefit of Mrs 
Freeme with the payments provided for by the Articles of 
July 5. 1727 (N" 6 Supra) i for use of Thomas in fee Subject to 
the devises & debts of the Founder & such pay'' as are charged 
on it by the same articles — & as to the remaining \ to the 
use of John & Thomas & arid their heirs (subject to the devises 
& debts of the Founder & the charges of the same articles) 
In Trust for Richard infee^ 

Cov^ of each of the Party of V^ P* Separately that he has 
not wilfully done &c : 

^ Altho the conveyance is by Lease & Release yet the terms of it are 
such as create a Trust for Richard & not a use executed in him. Doe d. 
Lloyd V. Passingham 6 Barnew. & C 305, Contra 1 Wash C C i? 74 ; but 
ace : 4 Watts 118 and [unfinished] 



18 The General Title of the Penn Family to Pennsylvania. 

Release by Parties 2""* & 3** p* to party V^ P* of all demands 
Ace*' reckouiugs &c : for or concerning the s*^ Mtge &c : 

Oov^ of parties 2^ & 3d p'' to keep party 1'* P' & their Eeps 
indemnified from all claims arising out of or relating to the 

N°. 8 
17SS June 24- Indenture of Release^ (reciting Lease) 
Parties — 1. Sam' Preston & James Logan 

2. Thomas Fraeme & Margaret his wife 

3. John & Thomas Penn 

4. Richard Penn 

Recites John, Thomas, Rich"^ & Margaret to be the only 
surviving children of the Founder by Hannah his wife now 
also deceased 

do, the mtge of 7 Oct. 1708 

do, the Founder's Will 

do, the decree of Exch : Confirming it — 4 July 1727 

do, the Articles 15 [5] July 1727 

do, the pay* of the mtge monies & reconveyance by the 
Surviving Mtgees 14 Jan^ 1729 (N° 7 Supra) 

do, that T. Callowhill, M. Lowther, G-. Heathcote, S. 
Waldenfield, J. Field, H. Goldney, S. Carpenter, Rich"* 
Hill, & I. Norris are dead whereby the Estate devised by 
the Founder's Will was become vested by Survivorship in 
the Party of 1'* P 

^ Orig' executed by all the Parties except John & Ricliard Penn Exe- 
cuted in the presence of 4 witnesses of one of whom the handwriting 
as also that of James Logan the grantor is proved Nov. 26. 1803 by 
the affidavit of Ch. Justice Shippen before Judge Peters. 

Recorded on the 15 Nov. 1809 at Newcastle Delaware in Book H. 
Vol. 3. Fol. 189. 

Also an Exemplification from the Record at Phil" F. 7. 338 duly 
proved & executed by all the Parties,^ 

An Orig' of this Release executed by all the Parties and duly proved 
was recorded at Phil" 13 Oct. 1736 Book [F.J Vol. 7. 338. 

^ [An Exempl" procured from said record is mentioned in the oppo- 
site margin.] 



The General Title of the Penn Family to Pennsylvania. 19 

Grant k release the premises [at the special instance & 
request of Rich*^ P. & M'' & Mrs Frseme witnessed and by 
their sealing and Delivery hereof] to John Penn & Thomas 
Pen7i and their heirs 

Habendum, subject to the respective devises debts annui- 
ties payments sum & sums of money under which the par- 
ties hold or are respectively intended to hold the same by 
the Articles of July 5. 1827 

f to John in fee 

^ to Thomas in fee 

& ^ to John & Thomas & their heirs for the use of Rich- 
ard & his heirs^ 

Cov^ of Trustees severallj^ that they have not willingly 
done &c : 

Acquittance of the Trustees & Gov' of John, Thomas & 
Richard to save them harmless. 

1731 Sept 22 ^ 23. Lease <f- Release^ 

Parties — 1. W™ Penn recited to be Brother & Heir of 
Springett Penn who was eldest son & heir 
of W"" Penn J"" dec'' who was the eldest 
son & heir of W"" P. the Founder 

^ This w'^ seem to be an use executed. 

2 Recorded at Philadelphia 20 May 1732 & 14 June 1732 Book F Vol 
5. page 502 to 514, 530 to 532, 

Recorded at New Castle Oct 29 1802 Book Y. Vol 2 Fol 168. 

Origin ^\x\y proved & recorded. Exempl"^ from Philad'' & New Castle 
duly certified. 

Also Orig'** duly executed before the same witnesses but not proved or 
endorsed with a Recorder's Certificate or Seal 

Attached to the Orig' recorded at Philad'^ is the Affid* before the Lord 
Mayor of London of its execution. Sworn to on the 20 Jan 1731. by 
two of the subscribing witnesses — one of them the same John Page re- 
ferred to in the margins above — The other is Ferdinando John Paris of 
the Inner Temple, who is mentioned in 2 Proud 188, as being in 1758 the 
agent of the Proprietaries Thomas & Richard Penn. [N. B. Mr, Chew 
says he was their Solicitor.] He is also mentioned under date of 1732 
and 1733 in Gordon pp 213, 214. 



20 The General Title of the Penn Family to Pennsylvania. 

2. Lcetitia Aubrey, Widow, who is recited to be 

Daughter & only Surviving child of the 
Founder by Gulielma Marie his first wife 
Mary Penn widow & relict of s*^ W" P. J" 
Charles Fell ^ Gulielma Maria his wife, the 
daughter of s" W" P. J^ 

3. John & Thomas Penn 

4. Richard Penn 

Recites the Charter 4 Mch 1681 (supra) 

[do, the Duke of York's Grant 24 Aug. 1682 to W. P. 
the Founder, of the Town of New Castle and a circle of 1 
12 miles around it, and the Islands & soil of the River | 
Delaware lying North of the Southernmost part of that | ^ 
circle [J^ew Castle County] I 

do, Grant, same date, Same to Same of Keiit & Sussex j 
Counties J 

do, that the Founder was seized of real estate in E". 
Jersey 

do, the Will of the Founder 

do, that since his death disputes had arisen between 
Springett in his lifetime, & William Party hereto since the 
death of Springett, & John, Thomas & Richard relating to 
the Founder's will & the gen^ right of the several parties to 
the soil & Gov'. 

Springett & since his death William claiming as heir at 
law, & John, Thomas & Richard claiming under the 
will, 

Final agreem*^ for the purchase & Release of s^ gen^ right 
from the Parties of 1^' k 2""^ V in Cons" of £5500. p'^ to 
Party of l^'P"^ (not including any private or particular right 
of Party 1'' P' under any Grant of the Founder but only his 
gen^ right & claim to the soil & Gov* 

In Cons^ of £5500, party 1" p' grants & releases the prem- 
ises with the consent & approbation of the Parties of the 
4th ^ 2'^ pt3 ^Q ^Yid party of the S'' P' in fee, and 

In Cons''^ of 10 sh : a piece the party of 2"^ P' grant release 
& confirm the same premises to the Party 3*^ P' in fee 
^ 3 Lower Counties. 



The General Title of the Penn Family to Pennsylvania. 



21 



Excepting & Reserving to the Party V' P' & Ws Rep= the 
Palace of Pennsbury with the appurtenances & 4000^ con- 
tiguous & belonging thereto which by Lease & Release | 
May 1T03, W. Penn the Founder conveyed to Dan^ Wharley 
& Henry Gouldney in fee to the uses therein mentioned 

also the 10.000^ devised by the Founder to L. Aubrey, 
W. Penn Party hereto & G^ M^ Fell respectively 

also any reaf estate w'' is or may be claimed by either of 
the Parties 1^' & 2'^ p'^ under any Deed Patent or Grant of 
W. Penn the Founder 

Habendum to John & Thomas & their heirs upon the fol- 
lowing uses viz : 

I use of John in Fee 
^ use of Thomas in Fee & 

the remaining i to the use of John & Thomas & their 
heirs but Tn Trust for Richard & his heirs 

Recites, That the Trust of the Gov' vested by the will of 
the Founder remains undisposed of in Earl Powlett who 
survived Earl of Oxford 

Directs that Earl P. convey the Gov' &c^ to John & Thomas 
& their heirs 

Proviso that nothing shall affect private or particular 
rights of Party 1^' Pt but only his gen^ right &c^ as before 

Special Gov'' for quiet Enjoy m', further assurance, against 
previous acts or incumbrances 

Eecites that the elder branch have never rec^ any profits 
quit rents Sums of money or benefit from the premises 

Cov^ of Parties 3^ & 4'^^ P*' to save harmless & indemnify 
the Party V P' & their Rep^ from any claims of the 
King. 

N°10. 
174.3 Feb. 11. Indenture"- of Grant— (Bargain & Sale) 

1 Orig' executed before 2 witnesses & enrolled in Chancery where by 
a mem- it appears to have been acknowledged 14 Feb^ 1743 & by En- 
dorsement to have been enrolled on the same day. 

One of the witnesses to the signatures of J. T. & R. Penn & M. 
Fr^me is Ferdinand John Paris already mentioned in the margin of N" 
9 supra. 



22 The General Title of the Penn Family to Pennsylvania. 

Parties — 1. John Earl Poulett son & heir of John late 
Earl Poulett dec*^ [erroneously called 
William in the Will of W. Peun the 
Founder] who was survivor of the de- 
visees of the Gov* devised in Trust by 
the Founder 
Grantor 

2. John Penn & Thomas Penn 

Grantees 

3. Rich'' Peun cestuy que trust of one quarter 

of the hereby granted Franchise & Mar- 
garet Frseme widow only daughter of the 
late Proprietary & Founder 

Recites the will of W° Penn the Father 

do, the differences & disputes which followed in his 
Family 

do, the Lease & Eelease of 22 & 23 Sept. 1731 

do, the survivorship of Earl Poulett who outlived the 
other devisees of the Gov' 

do, a Deed Poll dated 23*^ Sep' 1731, wherein W^ Penn 
the Grandson, Lsetitia Aubrey, Mary Penn, Ch' Fell & 
Gulielma Maria his wife, John Penn, Thomas Penn & 
Rich'' Penn (reciting to the effect above recited) direct the 
late Earl Poulett absolutely to grant the Gov' & powers of 
Gov' to John & Thomas Penn & their heirs as to J to the 
use of John in fee, \ to the use of Thomas in Fee & the 
remaining \ to the use of John & Thomas in fee in Trust 
for Richard & his heirs, with a Cov' of John, Thos, & Rich^ 
severally to save harmless & indemnify Earl Poulett for so 
doing 

do, that the late Earl Poulett not having executed this 
direction his son party hereto has been requested by the 
other parties hereto to execute it, who thereupon 

Grants, accordingly in pursuance of & conformity with 
the above direction — 

CW of John, Thomas, & Rich'', severally to indemnify 
Earl P. 



The General Title of the Penn Family to Pennsylvania. 23 

1732 May 8. Articles of Agreement ' 
Parties — 1. John Penn 

2. Thomas Penn 

3. Richard Penn 

Recites the Charter of Charles 2'^ & the Grants of the 
Duke of York to their father & that John is seized of or 
entitled to | of the premises to the use of himself & his 
heirs, Thomas \ in like manner, John & Thomas in Trust for 
Richard & his heirs the remaining \, the whole charged 
with such debts of their father as remain unpaid & John's 
moiety charged or chargeable with paj* of £1000. or there- 
abouts to the Trustees of Margaret wife of Th : Frasrae 
*' only sister of the said parties hereto according to certain 
articles for that purpose 

do, objects are stated to he, 1. to preserve the premises to the 
respective heirs male of the bodies of the parties respectively 
& for default of such heirs male to the Survivors & Survivor 
of the parties in fee simple Subject to changes herein after 
mentioned 

2. The more easy disposing of the uninhabited & undis- 
posed of parts of the premises 

Qov'' that in case of death of either of the Parties leaving 
heirs male of their bodies in their minority the Survivors 
or Survivor by themselves or by Attorney during such 

^ Orig' enrolled in Chancery 21 March 1750. on which day it appears 
to have been acknowledged before Tho. Bennett. Who he is does not ap- 
pear. He may have been a Master in Chancery, for by an Endorsement 
the Instrument seems to have been in Evidence in the Case of Penn v. 
L^ Baltimore 1 Ves. Sen'' 444. Attested by 4 subscribing witnesses of 
whom one is the same Jolm Page Gent'' so often mentioned in these 
margins. Another is John Georges one of the witnesses to the deed from 
Preston & Logan N" 8 Supra & Another is John Paterson a witness to the 
Lease & Release from the Surviving M*^''''" N" 7 Supra. 

Qu : if this Deed be not Evidence within the principle of Ross v. 
Outshall 1 Bin. 402. 

Mem^ that M"" Chew has in his possession a Dupl. Orig^ of this Deed. 

See 2 Yeafes's Reports 550, 551, 552, where these articles are fully set 
forth. They are also fully recited in the marriage settlem' of T. Penn 
N" 16. infra. 



24 Tlie General Title of the Penn Family to Pennsylvania. 

miuority are empowered to sell & convey away absolutely in 
fee simple or otherwise reserving at least the usual Quit 
Rents any parts or parcels of the premises, to receive 
monies, pay charges & gen"^' to manage the premises in the 
most ample manner, to be accountable annually for the 
nett profits to the party entitled to receive them & at the 
expiration of such minority such heir male of the body to 
have possession of the share of his father respectively 

do, that neither party shall by will or otherwise dispose 
of his estate to any child except to his eldest son in tail 
male with remainder to his 2^ 3*^ & other sons successively 
in Tail male (except as to such charges as are herein or 
otherwise appointed or agreed upon) 

Power to either party by will under his own hand & seal 
attested by 2 witnesses to charge his purpart for the benefit 
of younger children with any sum not to exceed £6000. Stg. 
for John's share & £3000 Stg. for each of the others to be 
equall}^ distributed pble to the sons at full age & the daugh- 
ters at such age or marriage whichever ^rs^. In the mean- 
time to bear Interest at 4 p. c. for their maintenance & 
education. 

Power, in like manner for such of the parties as may die 
leaving Issue male to charge his purpart by appointm* in 
favour of his widow of an annuity for her life viz. John's 
widow, not more than £200 Stg. p. an. the others not more 
than £100. Stg. each — In default of such appointm' John's 
purpart to stand charged with an annuity of £200. Stg. for 
the life of his widow & that of each of the others with an- 
nuity of £100. for the life of his respective widow 

These charges to be in lieu & bar of dower. 

Limitation, in the event of either Party dying leaving 
issue Female but no Issue male living at his death, of his 
purpart to the survivors or survivor & his & their Heirs as 
the Party or Parties dying shall appoint by will or deed 
executed in the presence of two witnesses, but chargeable & 
charged with the pay* to daughters, John's share, of not more 
than £10.000. Stg. if more than one daughter, & £8000. Stg. 
if only one — The share of each of the other parties charge- 



The General Title of the Penn Family to Pennsylvania. 25 

able with | as much in either case as John's share in such 
proportions as the parties respectively sh'^ by such will or 
Deed appoint, for want of such appointm' to be charged 
respectively in either Case with those Amounts pble at full 
age or marriage & in case of more daughters than one to 
be distributed equally among them 

Proviso That if John die without Issue male leaving one 
daughter only his widow's annuity shall be £300. Stg. for 
life, if more than one daughter her annuity shall be £200. 
Stg. for life. If Thos. or Rich*^ or both die without Issue 
male and leaving one daughter his respective widow's annuity 
shall be £150 Stg — if more daughters than one £100 Stg 

Limitations in the event of either party dying without Issue [say 
living] 

that he shall leave or appoint his share to the other or 
either of them as he shall think fit & shall have liberty 
by Deed or Will attested as aforesaid to charge the same in 
favour of such persons as they may appoint, John with 
£6000 Stg & Thos & Eich-^ each with £8000 Stg & may in 
like manner charge his respective estate in favour of his 
widow with an annuity over & above the annuities already 
provided for, such additional Annuity not to exceed for 
John's ividow £200 Stg for life & for the widow of Thos. or 
Rich^ £100. for life 

IF NO APPOINTMENT the estate of the parties first dying to 
vest in the survivors & survivor charged, John's share with 
an annuity of £100 Stg. p. an. & that of either of the other 
parties with an Annuity of £50. Stg. p. an. to Lceiitia Aubrey 
widow daughter of the Founder for life & also charged, 
John's share with £4000 Stg. & each of the others' share 
with £2000. Stg — pble to Silvanus Bevan & Thomas Jackson 
or the survivor & his Rep' of which J to be invested & dis- 
tributed equally among the children of M""' Frseme, to the 
sons at 21, to the daughters at that age or marriage, the 
income to be applied in the meantime to their education & 
maintenance, the other J subject to the appointment of M''^ 
Frseme by any writing under her separate hand without the 
controul of her husband. 



26 The General Title of the Penn Family to Pennsylvania. 

Proviso, if either party minded to Sell his share the others 
to have a pre-emption at any rate at which any purchaser 
may offer with an allowance of 6 months credit for the 
price after the making of the contract — In case of " such 
sale^" the provisions of this Instrument as to the share of 
the Party selling to be void 

Proviso that premises remain Subject to the debts of their 
father & all other debts to which now subject 

do, that by writing under Seal attested by 2 witnesses, the 
Parties may revoke at any time during their joint lives. 

do, that if one or two of the Parties die leaving no Issue 
male respectively the survivors or survivor may revoke by 
writing under Seal — 

N° 12. 

174-2 May 28, Release^, Lsetitia Aubrey widow to John, 
Thomas & Richard Penn their & each of their heirs Haben- 
dum the premises according to their respective shares therein 

Recites that she is the only surviving child of the Founder 
by his 1'' wife 

that since Sept. 23. 1731. the Releasees have conveyed to 
her the 10.000 a devised to her by her Father which were 
excepted out of her Release of that date — that she has sev- 
eral years since sold & conveyed for value the said 10.000 a. 

Releases as above 

]sr»i3. 

17^6 Oct. 20. Will of John Penn' 

^ qu : Such ? 

^ Orig^ executed before two witnesses of whom one is the same Fer- 
dinand John Paris who attests the Deed No. 9. Supra &c'' Sec'' 

' Orig' Probate for Penns" & 3 Lower Counties granted to Thomas 
Penn in Sussex County Del'' Sept. 1. 1747. Do, for N. Jersey granted to 
Rich<i Penn 3 Aug. 1747. 

Exempl" from Register's Office at Philad'' under date of 2'^ Nov'' 
1791, of the Record there of the Exempl" of the Probate in the Preroga- 
tive Court of the Arch Bp of Canterbury on the 12 Nov^ 1746. 

[One of the subscribing witnesses is the same Ferdinand John Paris.\ 

This will is partly recited in 2 Yeates Rep. 552-3 where it is stated that 
in the same year 1746, the Testator died unmarried & ^oithout Issue. It 
is also recited at large in N° 16. infra. 



The General Title of the Penn Family to Pennsylvania. 27 

makes certain bequests upon Trust to his English Ex'^' for 
the benefit of several members of his Family 

devises his share of the Manor of Perkasie, Liberty Land, 
and High S' Lot to his nephew John Penn [sc : son of his 
Brother Rich*^] in fee 

do, the moiety of his property in East & "West Jersey to 
his brother Richard in fee whom he makes sole Ex' for N. 
Jersey — 

do, his moiety of Penn'' & 3 lower Counties & of the 
Franchise of Gov' to his Brother Thomas for life without 
impeachment of waste, remainder to Trustees to preserve 
Contingent remainders, Remainder to his first son in Tail 
male, reniaind^' to 2'^ 3'' 4"' 5"' &c'' sons in tail male, Remainder 
to his Brother Rich'^ for life without impeachm* of waste, 
Rem' to Trustees to preserve contingent remainders, Re- 
mainder to John eldest son of Rich'^ for life without im- 
peachm' of waste, Rem'" to Trustees to preserve &c : Rem' 
to 1'* 2'^ S'^ 4"' &C'' son of John the nephew successively in 
tail male, In default of such issue of John to Rich'^, 2'' son 
of Rich'^ for life in strict settlem* with rem' in like manner 
to his sons successively in tail male & in default of all such 
Issue male, Rem' to heirs of body of Thomas, Rem' to heirs 
of Body of John Son of Rich'^, Rem' to heirs of body of 
Rich*^, son of Rich^ Rem' to heirs of body of the other sons 
of Rich*^ his Brother successively, Rem' to his niece Hannah 
Penn then only daughter of Rich*^ for life in strict settlem' 
rem' to her sous successively in tail male, Rem' to the heirs 
of her Body, Rem' to heirs of Body of his Brother Rich"^, 
Rem' to his sister Margaret Frseme for life in strict settlem*, 
Rem' to her sons successively in Tail male. Rem' to heirs in 
tail gen^ of such sons successively. Rem' to his niece Phila- 
delphia Hannah Frseme daughter of s'^ Margaret for life in 
strict settlem'. Rem' to her sons successively in Tail male, 
Rem' to the heirs of the Body of Philad^ H. F., Rem' to the 
heirs of the Body of Margaret F., Rem' to his nephew i blood 
W* Penn for life in strict settlem*.. Rem' to Springett eldest 
son of this W"^ Penn for life in strict settlem*., Rem' to the 
sons of Springett successively in Tail male, Rem' to the same 



28 The General Title of the Penn Family to Pennsylvania. 

sons successively in tail gen^, Rem'" to the Heirs of the Body 
of Springett, Rem' to Christiana Gulielraa Penn then only 
daughter of s*^ William the nephew in strict Settlem', rem'' 
to her sons successively in Tail Male, Rem'' to the same sons 
successively in Tail gen^, Rem" to heirs of her body, Rem" to 
heirs of Body of W'" P. the nephew, Rem" to his Grand 
Nephew ^ blood Rob' Edw*^ Fell, only son then living of 
Gulielma Maria Fell dec*^ for life in strict settlem*. Rem" 
to his sons successively first in tail male, then in tall gen\ 
Rem" to heirs of body of s*^ Rob' Edw. F., Rem" to Mary 
Margaretta Fell eldest daughter then living of the same 
Gulielma Maria for life in strict settlem*, rem" to sons of 
s"^ Mary Margaretta successively at first in tail male, then 
in tail gen\ Rem" to the heirs of her body, Rem" to Gu- 
lielma Maria Frances Fell the only other daughter then 
living of said Gulielma Maria deed for life in strict Settlem*, 
Rem" to her sons successively ^rs^ in Tail Male, the)!, in tail 
gen', Rem" to the heirs of her Body, Rem" to Right Heirs 
of Testator. And if by virtue of the last or any previous 
limitation the premises sh"^ become vested in two or more 
females then & in every such case the eldest & her stock 
shall take to the absolute exclusion of the others unless on 
failure of the stock of the eldest, when the next in age & 
her stock shall take in like manner k so on successively. 

Proviso That every person taking under any of the above 
limitations shall assume the Sir name Penn & bear the Tes- 
tator's arms 

Charges the premises with £6000. Stg. to supply deficiency 
if any in Legacies bequeathed out of the English person- 
alty, the residue after meeting such deficiency or if no de- 
ficiency the whole £6000. to go to Thos. Penn. 

Recites that the nature of the premises settled as above 
requires in the Tenant in possession for the time being an 
unusual extent of authority in proportion to the Quantity of 
his Estate whether for life or in tail, ^rgo 

Empoioers every such Tenant while in possession to grant 
any estates out of the premises however large reserving the 
heretofore usual quit rents & services and upon the frontiers 



The General Title of the Penn Family to Pennsylvania. 29 

where the like Quit Eents cannot be reserved as in the 
more settled parts to grant [for the gen' service only & not 
for the private advantage of such then Tenant] any lands 
reserving such Rent & services only as to such then Tenant 
shall seem proper so however in the latter case that no Fine 
or purchase meney be taken on any such grant 

Limits his moiety of all Quit Rents and services to go 
along with & be considered as part of the premises accord- 
ing to the above Limitations But that of alf tines & pur- 
chase monies to be raised upon grants such as aforesaid ac- 
cording to this will his moiety shall belong to the Tenant in 
possession by virtue of the above Limitations for the time 
being as his own proper money & estate for the settlement of 
Boundaries, the purposes of Gov*, the making of Treaties, 
& other public objects, the same to vest as if such then ten- 
ant were then seized in fee simple 

Directs that the premises be absolutely released from the 
above mentioned charge of £6000. Stg. or any part at any 
time rem^ unpaid upon the Tenant for the time being in 
possession executing such personal security therefor as he 
may be able to give & the party competent to release it may 
think proper to accept 

Bequeaths to Thomas all fines purchase monies arrears of 
quit Rents & other rents & other monies due to him in 
Penns'' & 3 lower Counties at the time of his death, except- 
ing only such as might consist of cash in hand collected or 
remitted at the time when the news of his death should 
reach Philadelphia, the same having been already disposed 
of as part of his English personalty. 

Appoints his Brother Thomas sole Ex'^ for Penns'' & 3 lower 
Counties. 

W 14. 
1763 Apr. SO. Release^ Philadelphia Hannah Frseme to"' 
Henry Wilmot in Trust for Th : Penn 

Recites that she is spinster, only child of Margaret 

^ Orig' duly executed but not proved or recorded — 



30 The General Title of the Penn Family to Pennsylvania. 

Frffirae Widow dec'^ who was the Founder's daughter by 
Hannah his last wife 

do, the Articles of 5 July 1727, & the Trust of the charge 
upon the moiety of John Penn (therein provided) of £1000. 
for the children of s"* Margaret 

do, the marriage of Th : Frseme with q^ Margaret who 
survived him & died in Feb^ 1750 

do, the death of John Penn 28 Oct. 1746. 

do, his will devising to Thomas Penn &c : 

do, that Philad'^ H. F. has attained the age of 21 & is en- 
titled to receive the £1000. which T. P. is willing to advance 
upon her assigning the s^ charge to Wilmot in trust for him 

Acknowledges the rec' of the £1000. from Th : Penn & 

Assigns the charge accordingly to TTilmot in Trust. 

1750 Jan''^^ 31. Articles^ of Agreem' between Thomas & 
Richard Penn 

Recites Articles May 8. 1732. (N' 11 Supra) 

do, that John Penn died in Oct'" 1746, a Batchelor without 
leav^ a widow or any Issue having some short time before his 
death by his will duly attested devised his moiety of the 
premises & charged the same & given special powers to the 
possessor thereof for the time being as in such will men- 
tioned 

do, that the debts of W" P. the Founder which then 
remained unpaid have been since paid ofi" & the income & 
profits of the premises are since increased 

do, that the moiety of their late Brother John is devised 
by his will so that it is apprehended it is not capable of re- 
ceiving any alteration or additional charge thereon. 

^ Orig' acknowledged & enrolled on the same day & in the same man- 
ner as the Articles N" 11 Supra 

Attested by the same Ferdinando John Paris, and also by Pra^ Eyre & 
Ro¥ Gwynn of whom the latter is one of the witnesses to the will of 
John Penn N" 13. Supra 

In 2 Yeatcs Reports 553-4 the material parts of this Instrument are 
set forth but not with perfect accuracy. It is also set forth in N" 16 
infra 



The General Title of the Penn Family to Pennsylvania. 31 

do, that the parties have agreed to alter the provisions 
by w'' their respective quarter jxiris were charged for their 
respective widows & enlarge their powers in this respect 

do, that they have agreed & intend that such provisions 
be charged upon the Lands & Rents only & not upon the 
Gov' 

do, that they have agreed & intend that notwithstanding 
the strict entail of the premises & any charges to which they 
may be subject that the possessor for the time being of the 
respective quarter parts shall be invested with special powers 
in certain Cases & for certain purposes in the same manner 
as the possessor for the time being of John's late moiety 
under his will is vested with such powers 

Revoke pro tanto, the Articles of 8 May 1732, but 

Confirm them so far as not repugnant hereto or inconsistent 
&c herewith 

Mutual Covenants viz : 

1. Either Party either before or after marriage by will or 
writing attested by two witnesses may charge the whole or 
any part of his J of the lands & rents with annuities for his 
widow as follows in the several & respective cases following 
viz : — if he leave Issue male or 2 or more daughters not 
more than £300. Stg — if no issue male & only one daughter 
not more than £400. Stg — if neither issue male nor any 
daughter not more than £500. Stg — in either case to consist 
of one or more than one annuity at the pleasure of the 
party, the whole not exceeding the above limit & to be in 
bar of dower in America & to be paid to them quarterly in 
London — Cov^ each party with the other that he has not 
charged & will not charge his | in favour of any wife or 
widow otherwise than as above & that his widow will in no 
event lay claim to dower but will formally release the same 
after his death, if she be requested 

2. That any male tenant in possession of the ^ of either 
after his decease or any heir apparent of the person in pos- 
session for the time being, such heir apparent being next in 
remainder, may charge such ^ in favour of his widow in the 
same manner & to the same extent as the parties hereto 



32 The General Title of the Pemi Family to Pennsylvania. 

But this provision is followed by a long string of pro- 
visoes, qualifications restrictions & reductions of tlie power 
thus vested in others than the parties hereto — which work a 
material alteration of its future bearing &c'* 

Parties revoke former wills & disposition of the premises 
& declare their intention forthwith to make new ones de- 
vising or disposing of the premises entirely without splitting 
their respective purparts into several parcels — the whole to 
be executed in conformity herewith. 

Proviso in substance that in default of the execution by either 
party of will, settlement, charge or disposition pursuant hereto 
the premises shall nevertheless remain subject to the pro- 
visions hereof 

3. After twenty years from this date the charge in favour 
of such widows as aforesaid may be as much as £500. p. an. 
(in one or more parcels) even in cases where the party 
charging may leave Issue male or 2 or more daughters such 
charges when made by any other person than the now par- 
ties hereto to be subject to "all the explanations, modifica- 
tions restrictions provisoes & agreem*^ whatsoever" &c'' above 
set forth 

4. In the event of both the quarter parts coming to or 
being in immediate expectancy to come to one & the same 
person, then the party in possession of both, or in posses- 
sion of one & heir apparent or next in remainder to the 
other, or in possession of neither but heir apparent or next 
in remainder to both, may charge each quarter severally & 
respectively according to the above provisions as the same 
might be done by two persons severally entitled to each 
quarter respectively. 

5. That every Tenant for life years or in Tail of either 
or both the quarter parts being of full age & in possession 
by virtue of or in conformity to, the provisions hereof shall 
have power concurrently with the possessor for the time 
being of John's late moiety to grant any estate or interest 
how large soever of any lands or other hereditaments not- 
withstanding the limited nature of such tenant's own in- 
terest & notwithstanding any charge or burden for widows 



The General Title of the Penn Family to Pennsylvania. 33 

&C'' reserving the usual Quit Rents & services (except in 
grants of Land on tiie frontiers where a discretion may be 
exercised as to the Am' of Quit Rent provided its reserva- 
tion be made for the gen' service without any view to the 
private advantage of such tenant for the time being but in 
such case no fine or purchase money to be taken). The 
Rents Quit Rents & services to go along with the successive 
estates in the land but the fines & purchase money to belong 
to the party in possession for the time being as his own 
proper money; also that such Tenant for the time being 
have unlimited power notwithstanding &c* 

to settle boundaries 

appoint Governors 

exercise the Gov* 

make treaties & 

exercise every other gen' powder & jurisdiction derived 
from the grants of the King 

6. The Parties confirm the Articles of May 8, 1732, so far 
as not hereby revoked 

7. Reserve a power to revoke these presents at any time 
during their joint lives by any writing under their hands & 
seals attested by 3 witnesses. But not so as to afiect any 
devise disposition or charge made before the execution of 
such writing in conformity with the provisions of these & 
the former Articles — 

8. That if any purchase is made or new grant obtained 
from the Crown for the 3 Lower Counties it shall not as 
between the Parties hereto or their descendants be deemed 
a new acquisition but shall be taken as a confirmation of 
their previous title. 

Lastly Cov^ to enroll these articles in Chancery — 
In a previous part of the Instrument (about the end of 
the 2* gen' mutual Cov*) it is covenanted that in every set- 
tlem', devise, charge or other disposition hereafter made of 
any beneficial interest in the premises the party making it 
shall recite or refer to the Articles of May 8. 1732, as va- 
ried by these presents &c : 

3 



34 The General Title of the Penn Family to Pennsylvania, 

1750 Mch 20. Articles^ of Agreem* between the same Par- 
ties 

Eecite Agreem* May 8. 1732 

do, death of John Penn & his will 

do, Articles Jan^ 31. 1750 

do, that parties always intended the male issue of either 
sh*^ be preferred in the succession before any Issue female of 
either, but never meant that in the event of there being no 
issue female of either, the right heirs of the survivor should 
succeed to the I of the party first dying in case the latter 
left heirs of his body distinct persons from the heirs gen^ of 
the Survivor, & yet the preceding articles may admit of 
such construction 

Mutual Cov^^ that notwithstanding the previous Articles 
either Party may dispose of, devise or settle his own quarter 
to all his own Issue female in preference to all or any Issue 
female of the other party & that in the event of the party 
first dying leaving no Issue male but Issue female or issue 
male which shall fail living issue female of such party, in 
either case the party so first dying after first limiting a life 
estate to the survivor in strict settlement with remainder to 
each of the sons of such survivor successively for life in 
strict settlement with remainders in Tail to the Issue male 
of such sons may limit the next immediate remainders to 
the heirs of the body of himself in such manner as to prefer 
all his own Issue female before any of the Issue female of 
the Survivor 

Revoking the former articles so far as they differ from the 
present but confirming them in other respects 

Reserving a power of revoking the present & all or any 
part of the former Articles by any Deed or writing under 
seal attested by 3 witnesses, So however as not [to] affect 
any settlem* &c* made conformably thereto before such 
revocation. 

^ Recited in N'' 16 infra, (also 2 Yeates' Reports 554-5) & said in N" 16 
infra to have been enrolled in Chancery on the 18"' of July 1751. Orig^ 
missing. 



The General Title of the Penn Family to Pennsylvania. 35 

N°16. 

17S1 Aug. 14. ^ 15. Lease & Release^ previous to the in- 
tended marriage of Th : Penn with Lady Juliana Farmor 
one of the daughters of Thomas Earl of Pomfret 

Lease^ Parties 1. Th : Penn 

2. David Barclay & Thomas Hyam Trus- 
tees of the intended Settlem' 

Premises Conveyed, T. P.'s one fourth of Penns'' & 3 lower 
Counties & of the Gov' 

except such private & particular tracts &c'' as were al- 
lotted to, purchased by, conveyed to, or vested in the s'^T.P. 
or any person or persons in Trust for him & which are 
held and enjoyed by him " in his private right or capa- 
city & not as one of the Proprietaries of the said Province 
of Penns^" 

Release.^ Parties 1. T. Penn 

2. Earl of P. 

3. Lady Juliana F. 

4. The trustees above named 

Recites, the Articles of May 8. 1732 — the death of John 
Penn a Batchelor without widow or Issue Oct. 29, 1746 — 
the will of John Penn dated 24*'' of the same month — that 
the £6000 Stg. therein charged upon John's moiety has 
been long since paid off & does not now remain a charge 
&c'^— the Articles of 31 Jan^ 1750.— those of 20 March 1750. 
— & the now intended marriage 

Considerations., £5000. Stg. the Lady's marriage portion 
paid & secured by her father as explained in an Indenture 
of this date [whereof one of the Trustees was L*^ Mansfield 
then the Hon^''^ W"' Murray Sol' GenH— the Settlem* of a 
Jointure for her support in the event of her surviving her 

^ Orig'^ attested by 2 witnesses to have been executed by T. Penn — 
his intended wife — & her Father — but not in any way proved or certified 
until July 3. 1829.— The probate on S^-^ & 11* July 1829 is set forth at 
length infra. 

This Settlement is referred to in the Will of T. Penn, infra N" 17 and 
is also mentioned by Shippen C J in 2 Yeates 566. 

' Recorded at Philad'^ July 22. 1829. in G. W. E. 31. 51. 

3 Recorded at Philad'' July 22. 1829. in G. W. R. 31. 53. 



36 The General Title of the Penn Family to Pennsylvania. 

intended husband in conformity with the above recited Articles & 
so that the quarter now settled may go along with the Moiety 
devised by John Penn in the same manner &c : & subject to 
the same &c : as nearly as may be — & 10 sh : &c^ & divers 
other &c* 

Grants & Releases the same premises included in the Lease 
as above mentioned 

Habendum to the use of himself in Fee till the marriage 
from & after which, of himself for life without impeachment 
of waste, in strict settlem* the Jointure 'premises being charged 
in the event of his wife surviving him from the time of his 
death with an annuity for her use during her life of £300 Stg 
— 400 Stg — or 500 Stg. according to the several contingencies 
respectively provided for in the Articles to be in lieu & bar 
of dower, with powers of distress & entry therefor limited 
to her directly 

Rerif to the Trustees for 200 years to enable them effect- 
ually to raise the annuity, the term to cease immediately 
after her death & the paym* of all arrears 

Rem to the use of the first & every other son of their two 
bodies successively in Tail male 

Renf to the firsT: & every other son of T. P. by any after 
marriage successively in Tail male 

Rem^' to Rich^ Penn the only surviving brother of T. P. 
for life without impeachm* &c : in strict settlem' Rerrf to 
John 1'' Son of Rich*^ in like manner i. e. strict settlement 
for life Rem^' to the 1'' & every other son successively of 
this John in tail male, Renf to Rich*^ the 2'^ son of Rich** 
for life m like 7nanner, Renf to this Rich**'^ first & every other 
son successively in Tail male, Rem^ to "William 3^ son of 
Richard in tail male, Rem'^ to the next & every other son of 
Rich^ successively in Tail male 

Rem^ to heirs of his own body, i.e., to self in tail gen^ 
Renf to heirs of body of John son of Rich* 
Rem^ to heirs of body of Rich* son of Rich* 
Rertf to heirs of body of AVilliam son of Richard 
ReiW^ to heirs of body of the next & every other son & 
Bons successively of his brother Rich* 



The General Title of the Penn Family to Pennsylvania. 37 

Rem''' to Hannah Penn daughter of his Brother Rich*^ for 
her life without impeachm* &c'' in strict settlem' Renf to her 
first & every other son & sons successively in Tail male 
Renf to the heirs of the body of such first & every other 
son of her successively, Rem^ to the heirs of her body 
Reyif to the heirs of the body of his brother Rich*^ 
Rem}' to Philad'' Hannah Frasme & her stock in like man- 
ner as to Hannah Penn & her stock 

Rem^ in like manner to Springett Penn & his stock 
Rem'^ in like manner to Christiana GulielmaPenn (| sister 
of Springett) & her stock 

Rem^' in like manner to Rob' Edw. Fell & his stock 
Rem'^ in like manner to Marj'Margaretta Barron & her stock 
Rem^ in like manner to Gulielma Maria Frances Newcomb 
& her stock 

Rem'^ in fee to his own right Heirs 

Proviso, In any case under the above Limitations of 2 or 
more females the eldest & her stock shall take alone, & on 
failure of her stock the next eldest & so on successively 
excluding the partibility of the premises among females [so 
far as he can] 

Proviso that his own arms & the Sirname Pen7i be taken 
by any one in whom the premises may vest in possession 
under the above Limitations 

Proviso, to invest himself & every subsequent tenant in 
possession for the tim'e being with all the various powers 
provided in the above articles to be at all times hereafter 
exercisable by every such tenant — & with full power to 
carry into effect the Agreement with Lord Baltimore by 
articles dated May 10. 1732 — And to represent the King in 
the affairs of the 3 lower Counties, — Such powers to be 
exercisable as if such tenant for the time being were seized 
of an absolute fee simple — And the intended wife, the Trus- 
tees & any parties interested shall if requested all concur & 
unite therein & where conveyances are made under the 
powers thus reserved the previously existing charges shall 
thenceforth affect only the residue of the premises not so 
disposed of 



38 TJie General Title of the Penn Family to Pennsylvania. 

Proviso as to the 3 Lower Counties that any future purchase 
or new Grant, shall not as among the now Proprietaries & 
their Representatives be taken advantage of as a new acquisi- 
tion but shall enure to the confirmation of the previous title 

Proviso enabling a charge after the death of his intended 
wife in favour of any subsequent wife 

do, enabling T. P. to enlarge the jointure after the expira- 
tion of twenty years from 31 Jan^ 1750, upon the contin- 
gency on which such power is vested after that terra by the 
Articles of that date 

do, that future tenants in possession or next immediately 
in expectanc}^ may make jointures as expressed in the Ar- 
ticles 31 Jan^ 1750 

Proviso enabling T. P. by will under Seal attested by 2 
witnesses to charge his quarter of the Lands & Rents (but 
not the Gov') with £3000. for the benefit of his younger 
children in the mode appointed by the articles of 8 May 
1732. For want of such charge the premises to stand charged 
as provided for in that event by those articles 

Proviso for the like purpose (as provided in the same 
articles) in the event of a failure of issue male, that the 
premises be charged in favour of his daughters — 

do, vesting T. P. with a like power of appointing a charge 
of £3000. Stg. in favour of his nominees if he die without 
Issue of his Body (according to the same articles) — 

Proviso for the cesser of the charge limited for his intended 
wife's jointure & of the term vested in the Trustees for se- 
curing its collection, upon his securing for her use at any 
time after the marriage with the joint approbation of the 
Trustees of her portion & those of this Settlem' an annuity 
of equal amount (upon the several & respective contingen- 
cies upon which its amount is to depend as above) charged 
upon real estate in Great Britain or America — Or upon se- 
curing for her use instead thereof such sum in gross as she 
may accept & the Trustees approve of 

Cof'* of T. P. that notwithstanding any act of himself or his 
ancestors he has title — right to conve}^ — for quiet enjoyment — 

Except the reservations cfec" in 



The General Title of the Penn Family to Pennsylvania. 39 

1. The charter 

2. The Grants of Duke of York 

3. The larger Grants made by T. P. & his ancestors in 
order to the cultivation & settlem* &c* 

4. The articles with L'* Baltimore 

5. The articles 31 Jan^ & 20 March 1750 
do, for further assurance 

Proviso, that in the event of T. P. surviving his intended 
wife & the failure of Issue male of this marriage or their 
all dying in their minority, Thomas Penn may by writing 
under his hand & seal revoke this Settlement. 

Probate^ endorsed 

W"" Rawle of the city of Phi^ Esq. Counsellor at Law 
aged 70 years & upw'^' being duly affirmed according to law 
declares and says as follows : — 

I have long been professionally conversant and am familiar 
with the affiiirs & papers of the Family of the late Proprie- 
taries of Penn8^ The within written Indenture is an ancient 
Deed which I have known to accompany the possession of 
their estates in Penns^". I believe that Ferdinand John 
Paris & John Heaton the subscribing witnesses thereto are 
both dead & that proof of their handwriting or of the 
handwriting of either of them cannot be had in this Coun- 
try. Thomas Penn the Grantor therein named (& one of 
the s'^ Proprietaries) died, as I am informed & believe, 
during the Year 1775 in England where he had then 
resided more than 33 years having never been in Penns^ 
since the Y"" 1741. I believe that proof of his handwriting 
cannot be had of any persons or person who can remember 
to have seen him ' write. I am however acquainted ^ with 
his handwriting having obtained a knowledge thereof from 
various authentic public & official Documents and some 
private Deeds & writings subscribed with his signature 
uniformly recognized as genuine and acted upon in the 

1 Conformably to the 4'" Sect, of the Recording Act of 1775. Purd. 166. 
1 Sm. LI. 423. 
^ 1 Dall. 14 



40 The General Title of the Perm Family to Pennsylvania. 

course of business in important transactions. And I verily 
believe the name Tho. Penn subscribed to the s^ Indenture 
to be of the genuine & proper handwriting of the said 
Thomas Penn. 

County of Philadelphia ss : — On the 3*^ day of July in the 
y^ 1829 at Phil^ in the s"* County before me Edw*^ King Esq. 
Pres* of the C of Cora. Pis. for s** County ^ the above exam- 
ination of W"" Rawle Esq. was duly taken according to the 
form & effect of the acts of the Gen' Assembly of this Com"" 
in such case made & provided. The s*' W" R. being con- 
scientiously scrupulous of taking an oath & by me affirmed 
according to law and it appearing that the Grantor & Wit- 
nesses of the within Deed are deceased & that proof of the 
Handwriting of s* witnesses or of either of them cannot be 
had I hereb}' certify the same accordingly. Witness my 
Hand & Seal at PhiP afores'^ the day & year aforesaid 

Edward King [seal] 

City of Philadelphia ss : John Cadwalader of the s^ city 
being duly sworn deposes as follows : — Thomas Penn the 
within named Grantor being dead ^ I have made diligent 
search & inquiry for & concerning the witnesses of the 
within written Indenture & whether there existed any & 
what means of proving their respective handwritings. The 
result is that as to John Heaton one of the said Witnesses 
no such Person can be heard of in this Country. I believe 
Mm to have died long ago in England & that proof of his 
Handwriting cannot be had. I have not been able to find 
any body who has any sort of acquaintance with his hand- 
writing or has ever had any knowledge whatever of the 
man either personally or by correspondence or from the 
information of others. — Ferdinando John Paris ^ the other 
of s* witnesses is reputed to have been & I believe that he was 
an Agent of the s'' Thomas Penn & his Brother Richard the 

1 As to the Power of this Officer See Act of 8 Apr. 1785. Sect. 2. 3 
Sm. LI. 317, Purd 168 

* See 2 Scrfi. & Raw. 46. 

» 2 Proud 188, Gordon 213-1. M' Chew. Affdt. of Execution of Deed 
recorded at Phil" F. 5. 502. N» 9 Supra. 



The General Title of the Penn Family to Pennsylvania. 41 

late Proprietaries of Penns'' & their adviser about some of the 
Concerns of their said Proprietarjship. He appears to have 
superintended or participated in, and to have attested the ex- 
ecution of the most of the conveyances of their proprietary 
Estate w*" were executed in England from the year 1731 to 
1751 inclusive. I find no traces of his having ever been, 
and I do not believe that he ever was in America. I have 
understood & believe that he pursued in England the pro- 
fession of the law and I find that in the year 1731 he was 
known & designated as '^ of the Inner Temple London Gentle- 
man" and in the year 1758, as the Agent of the s'' Proprie- 
taries. After that year I have been unable to hear of him 
as I should probably have done had he been alive. I be- 
lieve him to have died in England many years before the 
Declaration of Independence. I have not been able to 
find or to hear of any living person who has seen him 
write or corresponded with him or had any intercourse with 
him, or known him or knowingly seen him at any time. Be- 
sides his signature to the within Deed, I have seen 36 several 
signatures purporting to be the subscription of the name of 
the s* Ferdinando John Paris in his own handwriting as his 
attestation of the execution of several ancient deeds made 
in England for & concerning Land of the said Proprietaries 
situate in Penns''. I have often examined these Deeds having 
had them at different times in my own custody. I have 
known some of them to accompany the possession of Land 
to which they relate & to have been acted upon in the 
course of business as genuine Orig^ Documents & I believe 
that they are all of them orig'^ & genuine. To some of them 
said witness's najne is subscribed more than once as attest- 
ing the separate execution of one & the same deed by differ- 
ent Parties. And to some of them his name is subscribed 
as attesting Rec'' for money as well as the Delivery. The s"^ 
Deeds are 21 in Number all of them of dates prior to the 
date of the within Indenture. Three of them being duly 
proved are severally certified with the usual Endorsem* to 
have been recorded in the Proper Office for the City & 
County of Phil^ during the Year 1732. I have myself ex- 



•''A 



42 The General Title of the Penn Family to Pennsylvania. 

amined in the s'' Office the Record itself of the respective* 
dates of that year so certified & upou such examination I 
found the said Record to verify the said Endorsement upon 
each of the said Deeds respectively. One of these 3 deeds 
is the Articles of agreement between the Proprietaries of 
Maryland & Penns" & is rather a public than a private Docu- 
ment. It bears date May lO*"" 1732. Two others of s"^ deeds 
not so recorded are certified to have been enrolled in, Eng- 
land in the C of Chancery in the Years 1743 & 1750 re- 
spectively. Of the s** 21 Deeds 7 are duly certified by the 
]\Iayor of the City of London under his baud & the common 
seal of that city to have been severally proved before him at 
the same city by the oath in each case in the usual form of 
2 of the respective subscribing witnesses of whom the s'^ 
Ferdinando John Paris was in each case one of the 2 who 
thus made Probate thereof. I believe the s^ 36 signatures 
are of the genuine & proper handwriting of the s"^ Witness 
Ferdinando John Paris. From the knowledge that I have 
obtained from them of his handwriting which I have been 
thus for some time past in the habit of inspecting I believe 
that I am sufficiently acquainted with its character to dis- 
tinguish his true Signature from a false One. I believe the 
name Ferd. John Paris subscribed to the within written In- 
denture to be of the genuine true & proper handwriting of 
the said Ferdinando John Paris. And I believe the same 
Indenture to be an Ancient Deed & the same in all respects 
that it purports to be. The Possession of Lands and the 
Rec* of Rents has within my own personal knowledge ac- 
companied it in the Counties of York, Philad'', & Berks, & 
I have reason to believe & do believe that real estate is 
now held & enjoyed under it in several other Counties in 
this Com*"" as well as in the 3 Counties above named 

John Cadavalader 
Sworn & subscribed by the above named "^ 

John Cadwalader the 11*^ day of July ! 

A.D. 1829. Before me [ 

Ab" Shoemaker | 

Alderman i 



The General Title of the Penn Family to Pennsylvania. 43 

City of Philadelphia ss. 

Benjamin Chew of said City Esq. aged 70 years & upwards 
being duly sworn deposes as follows : — I have in my posses- 
sion a great number of Letters of Thomas Penn the Grantor 
within named addressed to my deceased Father, I have 
also seen a variety of Original Documents acted upon in the 
course of business to which the signature of the s'' Thomas 
Penn was subscribed. I have in this manner become fa- 
miliarly acquainted with his handwriting and believe the 
name Tho. Penn subscribed opposite to one of the Seals of 
the within Deed to be of the genuine & proper handwriting 
of the s*^ Thomas Penn 



Benjamin Cuew 



Sworn & Subscribed by the above 
named Benjamin Chew the IV^ 
day of July a.d 1829 
Before me 

Abm Shoemaker 

Alderman 



City of Philadelphia ss. 

On the IV^ day of July in the Y^ 1829 at the s<^ City 
before me the Subscriber an Alderman of the same City 
the above examinations of Benjamin Chew Esquire & 
John Cadwalader upon their several & respective Oaths 
w^ere duly taken as above set forth — it appearing that the 
Grantor & witnesses of the within Deed are deceased & 
that proof of the handwriting of John Heaton one of said 
witnesses cannot be had & that proof of the handwriting of 
the other of s** witnesses cannot be had otherwise than as 
by the Testimony above set forth — All which I hereby 
certifj^ accordingly. 

Witness my Hand & Seal at the Said City the day & year 
aforesaid. 

Ab^' Shoemaker [seal] 
Ald^' 



44 The General Title of the Penn Family to Pennsylvania. 

N° 17 

1771 Nov. 18. Will ^ 

1772 July 11. Codicil V' . mu -d 
-irrrr^ T 1 io r^ J- M od Y ^^ Thomas Penn 
1772 July 18. Codicil 2'^ 

1774 June 23. Codicil 3-^ j 

Will,^ appoints his wife & W"" Baker Ex" for all but his 
American Estate 

Recites, My late Brother's moiety of Penns* & 3 lower 
Counties being already settled by his will & my own quar- 
ter being by me settled in cons" of the marriage w"" has 
since taken place — & provision in some cases for my widow 
& children being already made by certain Family Deeds of 
agree m' 

Disposes hereby of the residue (& inter alia) 

Bequeaths plate & family pictures to such of his children 
as may be next after his decease entitled to his \ of the 
province 

do, all monies due to him at the time of his death arising 
from Rents Quit-Rents fines & purchase monies & arrears 
thereof in respect to John's | & his own ^ & not invested 
in America in Bills or otherwise for Remittance to Europe 
by the next quarter day after his death & such parts of such 
monies as shall not then appear on the face of the Rec' 
Gen^'® Books — to such persons koJ" of my family respectively 
& successively who shall from time to time succeed &c* to 
the possession of my J & be in possession thereof at the re- 
spective times of such collections successively — so that each 
successive person so succeeding shall take all monies col- 
lected by the quarter day next after his death, but not such 
dues & arrears as are not by that time collected altho' they 
may have accrued during such person's lifetime &c\ This 
is declared to be done in order to prevent the infinite 
troubles & inconveniences of the contrary course — After 
giving his reasons particularly he says he is aware that he 
cannot in strictness dictate this course to those who are to 

^Cert'' Copy Reg. Off. Phil" of the Exempl" from Prerog. C Canter- 
bury where probate was made on the S"' April 1775. The Record at 
Philad^is dated 28 June in the same year. 



300^ 
700^ 



} 



The General Title of the Penn Family to Pennsylvania. 45 

succeed by virtue of the prior settlements — but lie earnestly 
recommends it for the benefit of those who are to follow, 
premising that by the foregoing disposition of his own dues 
& arrears he has himself given up a large portion of per- 
sonalty in favour of his successors. 

Bequeaths to his English Ex" upon Trust '■' all such sum & 
sums of money & other matters & things as shall or may 
anyway become due or payable to me or to my Ex" oradm" 
by virtue of an Indenture Tripartite bearing date on or 
about the 15"" day of August 1751 & made in Cons" of my 
then intended marriage " & all the moneys & arrears collected 
as aforesaid before the Quarter day next after my decease. 

Devises to American Trustees & the survivor in fee his 
private Lands viz 

taken up under a warr* dated May 
1732 situate in Berks County all 
2000^ r except the 2000^ which are either 
628^ J in Berks or Philad'' County 
SOO'^-in Northampton Co^ 
12^ meadow at or near Moyamensing Philad 
Co^ 

Lot on 3^ 4"^ & Spruce Sts in the City of Philad'' 102 F 
by 396. 

Upon trust to sell & remit proceeds to English Ex" 

Beqeaihes to the same persons in Trust all his goods & 
effects in Penns*& all securities for money due or belonging 
to him " in his private right & not as one of the Proprie- 
taries of Penns'' & 3 lower Counties " to be collected & p"* 
over to English Ex" 

Directs that what may remain of £9000. to be raised for 
him by virtue of an Indenture of 23'^ Feb. 1756 upon the 
death of himself & his Brother Rich*^ out of the Manor of 
Gilberts & other Lands in Penns'' (if anything shall remain) 
shall form a part of his English personalty together also 
with the money to become due to him by his nephew Eich*^ 
Penn to whom he has conveyed all his real & personal 
Estate in N. Jersey under his Rich*^" Bond to account Sec'' 
when the estate in N. Jersey is sold &c'' 



46 The General Title of the Penn Family to Pennsylvania. 

Bequeathes portions to his younger children (of whom he 
names Granville, Juliana wife of W'" Baker, & Sophia) in 
addition to the charges on the province amounting together 
with such charges (after a competent provision for their 
minority) to £10.000. each pble at full age or the marriage 
of the daughters with their mother's consent if living — 

do. Surplus of his personalty after fulfilling these dispo- 
sitions " to 7ny eldest son John Penn " 

Proviso, in case any younger son become an elder son or 
any daughter succeed under the settlem* to his ^ of the 
Province then such younger son or daughter shall not claim 
any provision as a younger child 

Charges £200. annuity for his widow in addition to the 
£300 charged for her during life in the marriage settlem' — 
so that she have £500 p. an : — this, by virtue of the articles 
1732 May 8—1750 Jan^ 31 & Mch 20— [twenty years having 
elapsed since 31 Jan^ 1750] Reciting that by thus limiting 
an annuity of such amount he is now entitled to dispose of 
her marriage portion vested in the Trustees of its settlem' 
w'' he accordingly directs shall form a part of his English 
personalty 

Appoints his nephew Rich^ Penn & Rich*^ Hockley Ex""^ for 
America. 

Charges Penns^ & Delaware for the benefit of his widow & 
younger children to the utmost extent ot the powers vested 
by the several Articles of Agreem' — adding that wherever 
under these articles a daughter would have a less or greater 
portion than a younger son — the shares be equalized out of 
the other Funds hereinbefore appropriated for the enlarge- 
ment of their portions 

P' Codicil, modifies the disposition in favour of the 
younger children 

Empowers American Ex" & the Survivor to compound & 
compromise arreats of rents & dues for purchase money, 
during the term of the Infancy of his eldest son John 

Confirms the will where not altered hereby 

2"* Codicil, small Legacies 



The General Title of the Penn Family to Pennsylvania. 47 

3*^ do, having now more money than when he made will & 
former codicils augments the portions of his younger chil- 
dren by giving Granville £3500. pble at his full age with 
Int. from testator's death at 3 p'" c* & to Sophia the like sum 
with the same interest to commence at same time pble at 21. 
or marriage with her mother's consent — If either die under 
21 or Sophia under 21 & not so married the Legacy of such 
party to lapse — in addition to their respective previous 
portions — 

1775 3Ich 21. 2 Yeates Re-ports 556 " Thomas Penn afore- 
said died on the 21"^ March 1775 leaving lawful Issue male 
John Penn the S"* of Stoke Pogis now living" ***** 
'' Upon the decease of the said Thomas Penn, his eldest son 
John did receive the arrears of rents, fines, purchase money 
&c. under and by virtue of the will aforesaid of the said 
Thomas Penn." 

566. Shippen C.J. "Thus John Perm the eldest son of 
Thomas after the death of his Father had one moiety of the 
Province as Tenant in Tail under the will of his Uncle John 
Penn, & one fourth under his Father Thomas, likewise in 
tail, by virtue of Thomas's settlement on his marriage of 
the 15*'^ August 1751 referred to in his will of 1771." 

1779 Nov. '27 Act of Assembly ^ entitled "An act for vest- 
ing the estates of the late Proprietaries of Penns^ in this 
Commonwealth." 

Sect. 5. Their Estate as it belonged to them 4 July 1776 
in the soil & land within the limits of the late province now 
State, together with the royalties franchises lordships & 
other hereditaments granted in the Charter of Charles 2^ 
vested absolutely in the Commonwealth of Penns* for the 

1 Sm. LI. 479, Purd. 688 

9 Wheaton 241, 4 Dall. 402, 1 Wash. C. C. R. 207, Peter's C. C. R. 
496, Perm's L^'' v. Kirk tried Ap' Ss 1821. C C U. S. Phil^ See Judge 
Washington's note Book and an Extra of the Independent Republican 
published at York June 13 1821. Also Conn v Penn MSS. Same C in 
Equity April Ss. 1824. (Judge W's Note Book) & the Decree of May 1, 
1824. Same v. Same in Equity 1 Peter's. C. C. R. 496. Apr. Ss. 1818. 



48 The General Title of the Penn Family to Pennsylvania. 

use and benefit of the Citizens thereof, as if the Charter were 
repealed — [except as hereinafter excepted] 

6. & shall henceforth renaain at the disposal of the Legis- 
lature 

7. Proviso confirming titles of all others than the propri- 
etaries derived under them or their officers 

8. do^ all & every the private estates lands & hereditaments 
of any of the s*^ Proprietaries whereof they are now pos- 
sesserd, or to which they are now entitled, in their private 
several right or capacity, by devise purchase or descent, and 
likewise all the Lands called & known by the name of the 
Proprietary Tenths or Manors which were duly surveyed & 
returned into the Land Office on or before the 4*'' day of 
July in the year of our Lord 1776, together with the Quit or 
other rents & arrearages of rents reserved out of the said 
Proprietary tenths or manors or any part or parts thereof 
which have been sold, be confirmed ratified & established 
forever, according to such estate or estates therein, and 
under such limitations, uses, & trusts, as in & by the several 
& respective reservations, Grants & conveyances thereof are 
directed & appointed. 

9. Abolishes all Quit Rents except for Land within the 
manors 

10. Arrears of purchase money other than for lands 
within the manors " shall be accounted to be due & pble to 
the Com"^ " 

11. Repeals all prior acts of the Legislature vesting any 
right or authority in the Proprietaries their Officers or Ser- 
vants as to the premises hereby vested in the Com**" 

12. And whereas the freemen of this Com*'', being de- 
sirous to manifest not only a regard to their own safety & 
happiness but their liberality also, & remembrance of the 
enterprizing spirit which distinguished the Founder of 
Penns% & mindful of the expectations & dependance of his 
descendants on the Propriety thereof, k also that sundry 
Marriage Settlm*' & testamentary dispositions have been 
made thereupon, w'' will be wholly defeated, & the parties 
exposed to great disappointment & loss if no provision be 
made therein 



The General Title of the Penn Family to Pennsylvania. 49 

13. Be it therefore enacted^ that the sum of £130.000 Stg. 
money of G. B. be p*^ out of the Treasury of this State, to 
the devisees & legatees of Th: Penn & Bich^Penn late Pro- 
prietaries of Pennsylvania respectively & to the widow & relict 
of the s** Th : Penn, in such proportions as shall hereafter 
by the Legislature be deemed equitable & just upon a full 
investigation of their respective claims. 

14.. Proviso^ that no part thereof be p^ within less than one 
year after the war is ended ; & no more than £20.000 Stg. 
nor less than £15.000 Stg. be p'^ in any one year until the 
whole is discharged — 

15 ^ 16. Officers upon penalty to deliver up Books & 
papers &c^ 



^"18. 
1787 Mch 28. Act of Assembly^ directing pay* of the Bal. 
rem^ due of the £130.000. to John Penn the Younger & John 
Penn. 

Recites, the divestiog Act 1779 Nov. 27 
Act of 1784 Apl. 1 
1785 Feb^. 9. 
1785 Mch. 16. 
do, that the 1'' pay' of £15000. has not been fully made 
altho' the lawful Representatives of the s*^ Th : Penn & 
Rich*^ Penn & of the widow & relict of Th. P. have been 
ready to receive it. 

do, that Int. sh*^ be p'^ & funds be provided for the discharge 
as well of the pay'^ already due as of those to become due, 
with Int. from the times when pble respectively — 

^ 1 Smith's Laws 482, Note. " The various acts providing for the pay* 
of this Legislative Grant which is now completely discharged with In- 
terest are chap. 1119, 1126, 1273, 1551, 1716, which acts are of course ob- 
solete." See 1 Dallas Laws, 825 (q) ; 2 do., 205, 240 (q), 256 (y). 512 ; 3 
do., 67, 475. 

^ See the note, supra. 

^ The date & terms of this enactm* may aid the interpretation of the 
articles between John & Rich*' sons of Rich'' Penn dated 1787 Mch llf,. 
N» 23. infra. 

4 



50 The General Title of the Penn Family to Pennsylvania. 

1790 June 8 Appointment,^ Lady Juliana Penn and W™ 
Baker the English Ex" of Th : Penn dec*^ to the legal Eep- 
resentative of the survivor of the Trustees devisees named 
in s"^ Testator's will of his private estates in Penns* not held 
by him in his capacity of Proprietary 

directing such appointee to reconvey the premises to John 
Penn eldest son of a^ Testator in fee or as he sh*^ appoint 

Recites the pay* of the testator's debts, funeral expenses, 
Legacies, portions &c* with Int : that all the annuitants are 
dead except Harriet Gordon (£20 p. an. of w^ arrears are all 
p*^ & the future pay' secured) 

do, that of the money given by the divesting act a sufficient 
am* had been applied to the satisfaction of the various 
charges upon the Testator's | of John's | of the former 
province. 

do, that Lady J.'s jointure had been secured to her satis- 
faction upon English Property. 

do, that the only younger children of the Testator who 
survived him were Granville & Sophia. 

Release by the Ex" to John Penn. 



No. 20. 








1750. Mch 21. 


Will 






1756. Jany 15. 


Codicil 1. 


1 


of Richard Penn, Son of the 


1760. Mch 13. 


do. 2. 


> 


founder, 


1763. Dec. 24. 


do. 3. 


Proved 1771. Mch. ^. 


1768. July 13. 


do. 4. 




Prerog. C* Canterbury. 



WiW appoints Ex" English W" Vigor 

^ Orig' not proved or Recorded. 

* A Duplicate of the Probate before the Surrogate in England was 
Recorded in the Office of the Registry of the Prerogative Court of N. 
Jersey (now at Trenton, then at Burlington) on the 27"' Aug. 1772 in 
Book N" 15. of Wills Folio 357. Of this we have a Transcript, certified 
under the hand and seal of Office of the Register of that Court, to be a 
true I'ranscript of the last will &g : remaining nf Record in his Office — To 
this is annexed the Certificate of the Gov' of N. Jersey (the great seal 
of the State being affixed according to the Act of Congress) that the 
officer certifying this Transcript is Secretary of State & Register of the 



The General Title of the Penn Family to Pennsylvania. 51 

Jos Frseme 

American Lynford Lardner 

Rich^ Peters 

rgczYes Articles 8 May 1732; do, of 31 Jan^ 1750 & the 
powers thereby vested in pursuance whereof 

charges his \ with £100 Stg. jointure annuity to his wife for 
life & £200 Stg. more during Widowhood in bar of Dower 

do^ £3000. for younger children of w^ £2000. to his son W" 
born since the death of testator's brother John — to equalize 
W"" with the other younger children who had Legacies by 
John's will — residue equally among the others — 

devises "all my private & particular rights to any Manors^ 
Tracts Lands Tenem'' or Hered*' " & his proprietary rights in 
K. Jersey & all arrears of rents {of these sc :) to American Ex" 
In Trust to sell collect & remit proceeds to English Ex". 

As to " public & gen^ Rents, Q* Rents, arrears, purchase 
monies, Issues & profits of the s'^ Prov : of Penns* & of the 
8** 3 Lower Coys," to belong to him at his decease either in 
respect of his own orig^ 4'^ p' or such other p* or the whole 
as he may die seized of. 

Bequeathes so much as collected before next quarter day 
after his death to be remitted to English Ex" as p' of Eng- 
lish personalty, residue, to go along with the Land & vest 
in the Tenant in possession when collected. 

Devises his 4'^ to his elder son John for life without im- 
peachm* &c* in strict settlem\ Renf to his first & every other 
son successively in Tail Male 

Rem^ in like manner to his 2*^ son Iiic¥ for life & his sons 
in Tail Male 

RenC similiter to 3* son W"* &c* 

Prerogative Court of N. Jersey &c* & that his certificate &c* & that 
full faith &c» 

(See the Act of Congress of 27 Apr. 1804, Ingii Abr. 299. Also, the 
Act of Assembly of 1705. 1 Sm LI. 33. Purd. 800. 1 Dall. 2, Q>Q. 5. S, & 
R. 212, 10 do 89. Also the Act of the N. Jersey Legislature. 

This will is referred to in 2 Yeates 555, 566. 

^ Qu : if the Proprietary Manors in Penns^^ included in this devise ? It 
seems not. 



52 The General Title of the Penn Family to Pennsylvania. 

Refill^ similiter to testator's Brother Thomas for life & his 
sons successively in Tail Male 

Rem'' to Heirs of Body of Testator's son John 
c?o, do, do, Rich*^ 

do, do, do, W" 

do, do, any other sons successively 

Rem^ in strict settlem* to Testator's daughter Hannah for 
life & her sons successively in Tail Male. Rem' to heirs of 
her Body 

Rern' to Heirs of body of Th : Penn 

Rem^ " to my niece Philad* Hannah Frseme only surviving 
child of my late sister Margaret Fraeme" in strict settlem* for 
life, Rem' to her sons successively in Tail Male, Rerrf to heirs 
of her Body 

Rem^ to Sprigett Penn & his stock in like manner except 
the interposition of an estate in Tail gen* to his sons succes- 
sively before the Estate to himself in Tail gen* (& this plan 
is pursued through the whole of the following limitations) 

Remainders successively in like manner to the following 
persons & their respective stocks viz. 
Christiana Gulielma Penn 
Robt.'Edw. Fell 
Mary Margaretta Barron 
Gulielma Maria Frances Newcomb 

Remainder to his own right Heirs 

Proviso in Case of Females the eldest & her stock to take 
alone & so on successively &c% their husbands to take the 
name & wear the Arms of Penn 

Confirms the previous disposition of arrears of Rents & 
dues of purchase money not collected the quarter day after 
his decease — enjoining, recommending & as far as in him 
lies providing that future Tenants in possession shall ac- 
quiesce in this disposition & confirm it as to all arrears to 
accrue thereafter, giving excellent reasons at large & 
shewing how he himself, in setting the example, relinquishes 
a large am' of money which might in strictness be deemed 
his personalty — 

repeating the same with respect to John's moiety & if any 



The General Title of the Penn Family to Pennsylvania. 53 

who take under this will succeed likewise to that, provides, 
accordingly — 

Recites the necessity of large powers in any Tenant for 
the time being, of a qualified Interest in premises such as 
the province — the nature & wants of this Estate 

Disclaims the intention to fetter alienation or deprive pos- 
sessor for time being of any useful power 

Empoxoers every successive Tenant in possession to exer- 
cise the same authorities as though seized in Fee simple, for 
all the purposes enumerated in the articles of 1732 & 1750, 
(which purposes he enumerates but does not expressly men- 
tion the Articles) 

Directs English Ex" to release his 4'*' from the charge in 
favour of the younger children upon the tender by the ten- 
ant in possession for the time being of his own personal 
security therefor 

Codicil 1'', (confirms will, except) Instead of | of the ^£3000, 
charged for younger children going to W"* as above pro- 
vided, directs its equal distribution & bequeaths to W» 
£2000. out of his English personalty 

Codicil 2* Recites the death of his son W° & that his tioo 
younger children are Hannah & Richard, 
(confirms preceding) 

Codicii S** exclusively English, confirms above dispositions. 

Codicil 4'^ Recites the date of his son W^'s death to have 
been 4 Feb. 1760. 

Bequeathes 7000 £Stg. to Hannah his daughter (subject to 
an annuity of £20, to F. Lardner) 

Revokes his will as to the £3000. charged upon his 4''' of 
Penns* &c* by 

Charging the whole in favour of his son Richard — whom he 
makes 

Residuary Legatee — & to whom he 

Devises in fee K. Jersey & arrears due therefor at his 
death. 



54 The General Title of the Penn Family to Pennsylvania. 

Recites, two English Ex" dead. 
Appoints his wife sole English Ex"" in their stead. 
Confirm^ his will & previous Codicils where not hereby 
altered. 

^"21 

1795 Janv ^. Will^ of John Penn son of Rich'^ (Proved at 
Philad"' 18. Feb^ 1795) charges upon his \ of Springetsbury 
Manor Philad* 0°^ £1000. Stg— pble to each of the younger 
children of his Brother Rich*^ who shall be living at the 
time of his death — subject thereto 

Devises his 4"' of this Manor to Rich** his Brother for life 
Rem' to W"" son of his Brother Rich"* in Tail male Rem' to 
his nephew Rich^ son of this Brother in Tail male Rem' to 
his Brother in fee 

Residue to his wife 

2 Yeates 575^ Shippen C, J. The life of the elder son 
(sc : of the 1'' Rich^ Penn) " advanced in years was held by 
a tenure highly uncertain. He had been long married but 
had no prospect of Issue." — These remarks refer to the 
date of 1787. In connection with the silence of the will 
upon the subject of Issue they furnish a fair presumption 
that the Testator left none. 

N°22 
1774 May 17. Indenture Parties, 1. R-* Peters, L** Lardner, 
R** Hockley [Devisees & Trustees named in the will of R* 
Penn] 

2. John Penn son of Rich"* 

3. Rich<» 2^ son of Rich"* 

^ Exemp'° from Register's Off. at Phil" 

This paper is of no use as to the gen^ Title except so far as it helps 
the proof of pedigree — Otherwise it w"* be out of place here. 

'2 Yeates, 561. the counsel say of Richardson of Rich** "He was heir 
apparent in 1787 when the prospect of his Brother's having Issue was 
almost extinct." 

'Recorded at Philad* Nov. U. 1783. in Book D. Vol. 8. p. 39 &c* 
proved by one witness before Ch. J. RPKean in 1783.) Orig' missing 
Exemplification from Record at Philad' 

2 Yeates 556-7, 568 



The General Title of the Penn Family to Pennsylvania. 55 

Recites Will of 1'' Rich Perm & the separate devises therein 
of his 4'** of the province — & of his private & particular 
right to Manors &c^ 

do, that a question was made whether the 4"' p* of the 
Manors & reserved Lands laid off by the Founder or any of 
his sons or of Tracts by them purchased of others ought 
under the latter devise to be sold & the proceeds remitted to 
the Testator's English Ex" 

Release and Disclaimer for divers good causes & consid- 
erations & 5 sh. Rich'' to John of all claims to the s'* 4"* of 
their Father's Lands &c* Habendum to John & his heirs for 
such term & estate as that for which the province is in him 
vested by their father's will 

Grant, Parties 1" P' to John (with consent of Rich'') Ha- 
bendum to John & his heirs for such uses & estates with 
remainder to the same persons in the same manner & upon 
the like contingencies as those for & subject to which his 
late father's 4*** of province is in him vested by his father's 
will 

N" 23. 

1787 Mch 14.. Articles of Agreem' ^ between John & Rich* 
sons of the 1'' Rich'' Penn 

Recites the divesting act Nov. 27. 1779 

do, that it is reasonable & proper that after so great an 
alteration in the affairs & estate of the Proprietary Family 
the £130.000 Stg directed by that act to be paid to the De- 
visees & Legatees of Rich* Penn dec* sh'' be settled & pro- 
portioned in an Equitable & consciencious manner so far as 
concerns the Parties hereto 

Mutual CW^ that so much of the £130.000. as has been or 
shall be p** during the life of John shall be rec* by him & 
that as received by him one 3'* of it shall be by him paid 
over to Rich'' 

^ Duplicates, One executed by John Recorded at Philad' 18"" June 
1787. Book N" 19. page 59 — Exempln produced 

The other executed by Rich" recorded Nov' 13. 1788 in Book N" 20. 
p. 411. Of this origl produced 

2 Yeates 557-8, 568-9. 



56 The General Title of the Penn Family to Pennsylvania. 

do, that all monies arising from any sales of their late 
father's share of the Lands in Penns^ made since 27 Nov' 
1779 or to be made hereafter during John's life shall be rec* 
by John who shall pay over one 3^ of them to Rich* as often 
as rec*^ 

Proviso reserving to John the powers with which he is 
vested under former agreem'' & wills so far as to grant & 
dispose of any parts or part of the premises in order that 
the same may be reconveyed | to John in fee simple & | to 
Rich*^ in fee simple — reserving thereupon some quit rent 

Note 

The case of Rich*^ Penn vs. the Ex" of John Penn decided 
in the Supreme Court in 1800 & reported 2 Yeates 550. arose 
from a difference in the construction of this Agreement. 
The plaintiff claimed the whole of all the moneys raised from 
sales made in his Brother's lifetime, which moneys were not 
collected in by the quarter day next after his Brother's de- 
cease. The Court held that he was only entitled to one third 
of these monies, on the ground that these articles provide 
for a distribution of the proceeds whenever collected of sales 
made during John's lifetime. 

Had these articles been out of the question, there would 
have been great difficulty in deciding whether under the 
Family agreements, settlem" & devises these proceeds not 
collected would have belonged to John's Ex" or would have 
(in equity) vested in the next in remainder, by whom they 
were collected in his lifetime or in hand before the Quarter 
day next after his death. 



II. 



The Abstract of the Penn title prepared by the late 
Judge Cadwalader brings it down to the death of John 
Penn (2d) in 1795, and ends with a statement of the re- 
sults of the case of Richard Penn (2d) vs. The Executors 
of John Penn (2d), reported in 2 Yeates' Pennsylvania 
Supreme Court Reports. The report of the case, which 
was decided in the year 1800, goes extensively into the 
title from the execution of the first agreement entered into 
on May 8, 1732, by the three brothers, John (Ist), Thomas, 
and Richard (1st) Penn, — the "Joint Proprietaries" as they 
were called, — to create the Entail of Pennsylvania and the 
Three Lower Counties upon Delaware in their descendants. 
This entailment continued strictly in force as to the Penn- 
sylvania estates until it was barred in 1870. 

When the Divesting Act of November 27, 1779,^ was 
passed by the Legislature of Pennsylvania, grave doubts 
existed in the minds of many as to its effectiveness in case 
the Penns should decline to accept the sum of £130,000 
Stg., the compensation provided for by the Act. As, how- 
ever, they did accept the money after the Revolutionary 
War was ended they were estopped from claiming all lands 
and estates in Pennsylvania other than their private estates, 
including the Proprietary Manors, which had been laid out 
for them prior to July 4, 1776, and which had been ex- 
pressly saved to them by the terms of the Act. But no 
such act of generosity — honesty it might perhaps be called 
— as the payment to the Penns of some compensation for 
the loss of their estates in the Three Lower Counties upon 
Delaware can be credited to the State of Delaware, as they 

^ See latter part of Item No. 17 of Judge Cadwalader's Abstract, 
supra. 



58 The General Title of the Penn Family to Pennsylvania. 

came to be called, and consequently there was no estoppel 
as to them. 

To trace out the intricacies of the further devolution of 
the entail it is necessary to start again from the beginning; 
but, to simplify the statement, many technical words and 
terms are omitted, as also the frequent limitations to David 
Barclay and Thomas Hyam in trust in strict settlement to 
preserve the contingent remainders, only the bare results 
being given of the old-time, verbose phraseology of the 
various legal documents. To avoid repetition to some ex- 
tent, the genealogical details are given more fully than else- 
where under the " Share of John Penn (1st)." The names 
of the actual tenants-in-tail, and, after the entail was barred, 
those of the actual owners in fee simple, are printed in 
heavier-faced type. 

By the effect of the "WilP of William Penn the Founder, 
and the Appointment in pursuance thereof^ by Hannah 
Penn (his second wdfe), the title became vested in fee simple 
among their sons, as follows : 

John Penn (1st), one-half. 

Thomas Penn, one-fourth. 

Richard Penn (Ist), one-fourth. 

SHARE OF JOHN PENN (Ist), 

known as " The American," the eldest son of William 
Penn the Founder by his second marriage. He was born 
in Philadelphia, Pennsylvania, January 29, 1699/1700, and 
died unmarried, without issue, at Hitcham, Buckingham- 
shire, England, October 25, 1746,^ and was buried at Jordans. 
The entailment of his one-half of the General Estate was 

' See Items Nos. 4 and 5 of Judge Cadwalader's Abstract, supra. 

* The date given in recital in the marriage settlement of Thomas Penn 
is "on or about the twenty ninth day of October, One thousand seven 
hundred and forty six." The date in the text is that given by Mr. 
Howard M. Jenkins in "The Family of William Penn," quoting from 
an obituary notice of John Penn in the Oxford Flying Weekly Journal of 
November 1, 1746. 



1 Vault 
in this CRurcK are 






ivi-^^ 



deposited the remains i 

iW Thomas ?enn. 

of Stoke Park, in this Parish; 

(Son of William Penn. 

,^,^ Founder of Pennsylvania.) 
^lij^^^Born 1701. Married nsi.Died 1775. 

^S^ Rnilofhis wifeThc R'Hon.Lady Juliana Petin? 

^■&W ^■' I>«"g.'»'*^'" of Thomas ]•.■ Earl of Pomfret. 

Born 1720. Married i7Si.Di?d isoi. 

Also the r«>maina. of their Sons 

lohn Ponn. of Stoke Park Born i76o.Dipd 1^34. 

And CraitVillc Pcnn, of Stoke Park: 

Born 17 61. Married 1701. Died is-t-v. 

Also Isabella. wife of the above (Tranville Pcrtti. 

eldest Daughter ofGrn' Gordon Forbes, Col. z»* Reg' 

Born 1771. Married aei. Died i«*7. 

And of their Sons 

CraPVllic .John, late of stoke Park Bort» mot. Died iB«7 

Thomas Gordon. in Hol^' 0rd»'ra.BornisPi.Diediii«9 

William. Born ihh. Died i«4b. 

Aluo lh«ir Daughters 

Sophj a. 1- wife of F M Sr WT Comm.C CB G J.CofcLsireain Cuai 

Born i70», MarrirdisiB.Died \*-tt. 

Louisa Kmily.Born n»A. Died m*t. 
Isabella Mary. Bom i7i.fi. Died iM«e. 
Henrietta Annc.Bom 1797. Died tess. 






i4^^:mf:jmi'is,!ii<^>MmB^^^ 




Stoke Poges. — Additional note to page 59. 

On September 4, 1901, I visited Stoke Poges, going by rail from Lon- 
don to Slough, driA'ing thence to Stoke Poges and Stoke Park, and 
returning by way of Eton and Windsor. In doing so I ascertained the 
following facts : 

1. Stoke Poges is the name of the parish in which is the celebrated old 
church of St. Giles, in the churchyard of which Thomas Gray, the poet, 
wrote the Elegy, and is buried. It is also the name of the post-office. 
The village consists of a long street with straggling houses, each built 
at some distance from the other. It is called ' ' Stoke' ' for brevity. In 
the church is the mural tablet, a memorial to the Penn Family, of which 
a photographic fac-simile appears on the opposite page. 

2. Stoke Park, the name of the principal estate in the parish of Stoke 
Poges, belonged to the Penn family from 1760 until 1848. The Man- 
sion House is about two hundred yards from the old church. The old 
Manor House, or what remains of it, is also in the immediate vicinity. 
Stoke Park, which contains about thirteen hundred acres and the finest 
herd of deer in England, now belongs to Wilberforce Bryant, the head 
of the match-manufacturing firm of Bryant & May. He is the present 
lord of the manor of Stoke Poges. The Duke of Leeds is the patron 
of the living of the parish church of Stoke Poges. Mr. Bryant bought 
Stoke Park about 1888 from Mr. Coleman of "Coleman's Mustard" 
fame. It is plainly visible from Windsor Castle, and vice versa. 

3. Stoke Place, another estate in the parish, belongs to Colonel 
Howard Vyse. 

4. Stoke Court is the present name of the estate upon which the cot- 
tage of Gray, the poet, once stood. It was then known as the "West 
End Farm," Stoke Poges. The house in which he lived is not now 
standing. 

Wm. Brooke Rawle, 



The General Title of the Penn Family to Pennsylvania. 59 

effected by his Will, dated October 24, 1746 ; proved in 
England November 12, 1746; registered at Philadelphia in 
"Will Book H, p. 295, &c., and was as follows : 
To Testator's brother, Thomas Penn, for life. 

Thomas Perm was born in Bristol, England, March 9, 1701/2 ; mar- 
ried Aug. 22, 1751, Lady Juliana Farmor, daughter of Thomas, 
Earl of Pomfret, and died March 21, 1775. She died Nov. 
20, 1801. His issue were : 

1. William Penn, born June 21, 1752 ; died Feb. 14, 1753 ; buried 

at Penn, Bucks, England. 

2. Juliana, born May 19, 1753; married May 23, 1771, William 

Baker, of Bayfordbury, Hertfordshire. She died April 23, 1772, 
- and was buried at Stoke Poges.^ Her only child 

(1) Juliana, married Jan. 18, 1803, John Fawsitt Herbert 
Rawlins, and died without issue, Sept. 11, 1849, atGun- 
ter's Grove, Stoke Courcy, Somersetshire. 

3. Thomas Penn, born July 17, 1754; died Sept. 5, 1757, and was 

buried at Penn. 

4. William Penn, born July 22, 1756 ; died April 24, 1760, and was 

buried at Penn. 

5. Louisa Hannah, born July 22, 1756 (twin with William) ; died 

June 10, 1766, and was buried at Penn. 

6. John Penn (3d), born .Feb, 23, 1760; died June 21, 1834, un- 

married, without issue. He was buried at Stoke Park. He 
was called "junior" during the lifetime of his cousin, John 
Penn (2d), son of Richard Penn (1st). 

7. Granville Penn, born in London, Dec. 9, 1761 ; married June 

24, 1791, Isabella, daughter of General Gordon Forbes, and 
died Sept. 28, 1844, and was buried at Stoke Park, leaving 
issue, as hereinafter stated. 

8. Sophia Margaretta, born Dec. 25, 1764; married May 3, 1796, 

Archbishop William Stuart (1st), youngest son of John, third 
Earl of Bute. She died April 29, 1847, and was buried in the 
Stuart family vault at Luton, Bedfordshire. She left issue as 
hereinafter stated. In her line the entire title ultimately vested. 

Remainder to the first son of said Thomas Penn in tail 
male. 

John Penn (3d), who was his eldest surviving son, died June 21, 
1834, unmarried, without issue, as hereinbefore stated. 

^ The place seems to have been called Stoke, Stoke Poges, and Stoke 
Park indiscriminately. It is situated in Buckinghamshire, near Eton. 



60 The GeTieral Title of the Penn Family to Pennsylvania. 

Remainder to the second, third, and other sons of said 
Thomas Penn successively according to seniority in tail male. 

Granville Penn, who was his second surviving son, died Sept. 28, 
1844, as hereinbefore stated. His issue were : 

1. John William Penn, who died in infancy without issue, and was 

buried at Stoke Poges, Dec. 18, 1802. 

2. Granville John Penn, born in 1802, and died March 29, 1867, 

unmarried, without issue. He was buried at Stoke Poges. 

3. Thomas Gordon Penn (Rev.), born in 1803 and died Sept. 

10, 1869, unmarried, without issue, and was buried at Stoke 
Poges. He was the last tenant in tail mail of the entire estate. 

4. William Penn, born in 1811, and died at Brighton, Jan. 7, 1848, 

unmarried, without issue. 

5. Juliana Margaret, died in infancy, unmarried, without issue, 

and was buried at Stoke Poges, March 21, 1804. 

6. Sophia, married, in 1818, Lieutenant-Colonel, afterwards Field- 

Marshal Sir William Maynard Gomm, K.C.B. She died with- 
out issue, and was buried at Stoke Poges, March 9, 1827. 

7. Louisa Emily, died unmarried, without issue. May 27, 1841. 

8. Isabella Mary, died at Brompton, unmarried, without issue, Jan. 

28, 1856. 

9. Henrietta Anne, died at Brompton, unmarried, without issue, 

June 13, 1855. 

Remainder to Testator's brother, Richard Penn (Ist), for 
life. 

Eichard Penn (1st) was born in Bristol, England, Jan. 17, 1705/6; 
married Hannah, daughter of Dr. John Lardner, of London. 
He died near London, Feb. 4, 1771, and was buried at Stoke 
Poges. She died near London, April 20, 1785. His issue were : 

1. John Penn (2d), born in London, July 14, 1729; Deputy Gov- 

ernor of Pennsylvania, 1763 to 1771, and again from 1773 to 
July 4, 1776 ; married, first, a daughter of James Cox, of 
London. She died without issue. He married, secondly. May 
81, 1766, Ann daughter of Chief-Justice William Allen, of 
Philadelphia. He died without issue, Feb. 9, 1795, in Bucks 
County, Pennsylvania, and was buried in Christ Church, Phil- 
adelphia. He was known as John Penn " the elder," while 
his cousin, John Penn (3d), son of Thomas Penn, was known 
as "junior." His executors were the defendants in the case 
of Penn vs. Penn's Executor's, 2 Yeates, 550. 

2. Hannah, married to James Clayton. She died in Cavendish 

Square, London, without issue, and was buried from there at 
Stoke Poges, Oct. 2, 1791. Her husband was buried there, 
Jan. 23, 1790. 



The General Title of the Penn Family to Pennsylvania. 61 

3. Richard Penn (2d), born 1735; Lieutenant-Governor of Penn- 

sylvania 1771-73; married, Philadelphia, May 21, 1772, Mary, 
daughter of William Masters; died at Richmond, England, 
May 27, 1811, and was buried at Stoke Poges, leaving issue, as 
hereinafter stated. He was the plaintiff in the case of Penn 
vs. Penn's Executors, cited above. 

4. William Penn, died without issue, Feb. 4, 1760, aged 12 years 

and 8 months, and was buried at Penn, Bucks. 

Remainder to Testator's nephew, John Penn (2cl), eldest 
son of Richard Penn (Ist), for life. 

John Penn (2d), died Feb. 9, 1795, without issue, as hereinbefore 
stated. 

Remainder to the first son of said John Penn (2d) in 
tail male. 

There was none, as hereinbefore stated. 

Remainder to the second, third, and other sons of said 
John Penn (2d) successively according to seniority in tail 
male. 

There were none, as hereinbefore stated. 

Remainder to Testator's nephew, Richard Penn (2d), 
second son of Richard Penn (Ist), for life. 

Richard Penn (2d) died May 27, 1811, as hereinbefore stated. His 
issue were : 

1. William Penn, born in England, June 23, 1776; married, 

Philadelphia, Aug. 7, 1809, Juliana Catharine, daughter of 
Jacob Balabriga, and died in London, Sept. 17, 1845, without 
issue. 

2. Hannah, died at Richmond, England, July 16, 1856, unmarried, 

without issue. 
8. Richard Penn (3d), died at Richmond, England, April 21, 1863, 
aged 79 years, unmarried, without issue. 

4. Mary, born April 11, 1785 ; married, 1821, Samuel Paynter, of 

Richmond. She died March 26, 1863, without issue. 

5. An infant daughter, mentioned but not named in the Gentle- 

Tiian's Magazine as having died June 17, 1790, — " the youngest 
daughter of Richard Penn, Esq." 

Remainder to the first son of said Richard Penn (2d) in 
tail male. 



62 The General Title of the Penn Family to Pennsylvania. 

William Penn, died Sept. 17, 1845, married, without issue, as herein- 
before stated. 

Kemainder to the second, third, and other sons of said 
Richard Penn (2d) successively according to seniority in 
tail male. 

Richard Penn (3d), the second son, died April 21, 1863, unmarried, 
without issue, as hereinbefore stated. There were no other sons. 

Remainder to every other son and sons of Testator's 
brother, Richard Penn (Ist), successively according to 
seniority in tail male. 

William Penn, the third and last son, died Feb. 4, 1760, unmarried, 
without issue, as hereinbefore stated. 

Remainder to the Heirs of the Body of Testator's brother, 
Thomas Penn, in tail general. 

This limitation ultimately went into effect, as hereinafter shown, in 
the line of Sophia Margaretta Stuart, the youngest daughter of 
Thomas Penn. 

With further limitations over in default thereof, which did 
not take effect.^ 



SHARE OF THOMAS PENN, 

the second son of William Penn the Founder by his second, 
marriage. He was born in Bristol, England, March 9, 
1701/2; married, August 22, 1751, Lady Juliana Farmor, 
fourth daughter of Thomas, Earl of Pomfort. He died 
in London, March 21, 1775. She died in Surrey, Nov. 20, 
1801. Their issue surviving him, as hereinbefore shown, 
were: 

1. Juliana Rawlins, who died without issue, Sept. 11, 1849, the only 

child of Juliana Baker, who died April 23, 1772, the eldest 
daughter of Thomas Penn, as hereinbefore stated. 

2. John Penn (8d), who died June 21, 1834, unmarried, without 

issue, as hereinbefore stated. 

* These limitations over are given in brief in Item No. 13 of Judge 
Cadwalader's Abstract, supra. 



The General Title of the Penn Family to Pennsylvania. 63 

3. G-ranville Penn, who died Sept. 28, 1844, aud his descendants, 

as hereinbefore stated. 

4. Sophia Margaretta Stuart, who died April 29, 1847, and her de- 

scendants, as hereinafter stated. 

The entailment of Thomas Penn's one-fourth of the 
General Estate was eiFected by Indentures of Lease and 
Release executed by him in Settlement prior to his marriage 
with Lady Juliana Farmor. These were dated August 14 
and 15, 1751, respectively, and recorded at Philadelphia in 
Deed Book G W R, No. 31, pages 51 and 53, &c., respec- 
tively. The limitations were as follows : 

To the use of the Settlor Thomas Penn for life. 

Remainder to the first sou of the body of said Thomas 
Penn on the body of the said Lady Juliana, his intended 
wife, to be begotten, in tail male. 

John Penn (3d), the eldest surviving son, died June 21, 1834, un- 
married, without issue, as hereinbefore stated. 

Remainder to the second, third, and other sons of the 
body of the said Thomas Penn on the body of the said 
Lady Juliana to be begotten successively according to 
seniority in tail male. 

Granville Penn, the second and last surviving son of Thomas Penn, 
died Sept. 28, 1844, leaving male issue to survive him, as here- 
inbefore shown, viz. : 

1. Granville John Penn, the eldest surviving son of Granville 

Penn, died March 29, 1867, without issue, as hereinbefore 
stated. 

2. Thomas Gordon Penn, the second surviving son of Granville 

Penn, died Sept. 10, 1869, without issue, as hereinbefore 
stated. 

3. William Penn, the third surviving son of Granville Penn, died 

Jan. 7, 1848, without issue, as hereinbefore stated. 

Remainder to the first son of the body of the Settlor 
Thomas Penn on the body of any other woman (whom he 
shall marry after the death of the said Lady Juliana) law- 
fully to be begotten in tail male. 

There were none. Lady Juliana survived her husband, as hereinbefore 
stated. 



64 The General Title of the Penn Family to Pennsylvania. 

Kemainder to the second, third, and other sons of the 
body of the Settlor Thomas Penn on the body of any such 
after taken wife as aforesaid lawfully to be begotten success- 
sively according to seniority in tail male. 

There were none, as hereinbefore stated. 

Remainder to Settlor's only surviving brother, Richard 
Penn (1st), for life. 

Richard Penn (1st) died Feb. 4, 1771, leaving issue surviving him, as 
hereinbefore shown. 

Remainder to Settlor's nephew, John Penn (2d), eldest 
son of Richard Penn (Ist), for life. 

John Penn (2d) died Feb. 9, 1795, without issue, as hereinbefore 
stated. 

Remainder to the first son of said John Penn (2d) in tail 
male. 

There was none, as hereinbefore stated. 

Remainder to the second, third, and other sons of said 
John Penn (2d) successively according to seniority in tail 
male. 

There were none, as hereinbefore stated. 

Remainder to Settlor's nephew, Richard Penn (2d), second 
son of Richard Penn (1st), for life. 

Richard Penn (2d) died May 27, 1811, leaving issue surviving him, 
as hereinbefore shown. 

Remainder to the first son of said Richard Penn (2d) in 
tail male. 

William Penn died Sept. 17, 1845, without issue, as hereinbefore 
stated. 

Remainder to the second, third, and other sons of said 
Richard Penn (2d) successively according to seniority in 
tail male. 

Richard Penn (3d), second son, died April 21, 1863, unmarried, with 
out issue, as hereinbefore stated. 



The General litle of the Penn Family to Pennsylvania. 65 

Remainder to Settlor's nephew, William Penn, third son 
of Eichard Penn (Ist) in tail male. 

William Penn died Feb. 4, 1760, in infancy, unmarried, without issue, 
as hereinbefore stated. 

Remainder to all other sons of Richard Penn (Ist) suc- 
cessively according to seniority in tail male. 

There were none. 

Remainder to the Heirs of the Body of him the Settlor, 
Thomas Penn, in tail general. 

This limitation ultimately went into effect, as hereinafter shown, in 
the line of Sophia Margaretta Stuart, the youngest daughter of 
Thomas Penn. 

With further limitations over in default thereof, which 
did not take effect.^ 



SHARE OF RICHARD PENN (Ist), 

the third son of William Penn the Founder by his second 
marriage. He was born in Bristol, England, January 17, 
1705/6; married Hannah, daughter of Dr. John Lardner, 
of London; died near London, February 4, 1771, and was 
buried at Stoke Poges, Buckinghamshire, England. She 
died near London, April 20, 1786. His issue surviving him, 
as hereinbefore shown, were : 

1. John Penn (2d), who died without issue, Feb. 9, 1795, as hereinbe- 

before stated. 

2. Hannah Clayton, who died without issue, and was buried Oct. 2, 

1791, as hereinbefore stated. 

3. Richard Penn (2d), who died May 27, 1811, and his descendants, as 

hereinbefore stated. 

The entailment of Richard Penn's one-fourth of the Gen- 
eral Estate was affected by his Will dated March 21, 1750; 
proved in London, England, March 4, 1771, with four codi- 
cils. Recorded in the Prerogative Court at Burlington, 

* These limitations over are given in brief in Item No. 16 of Judge 
Cadwalader's Abstract, supm. 



66 The General Title of the Penn Family to Pennsylvania. 

New Jersey, iu Book No. XV., of Wills, fol. 357. The 
limitations were as follows : 

To Testator's elder son, John Penn (2d), for life. 

John Penn (2d) died Feb. 9, 1795, married, without isaue, as herein- 
before stated. 

Remainder to the first son of said John Penn (2d) in tail 
male. 

There was none, as hereinbefore stated. 

Remainder to the second, third, and other sons of said 
John Penn (2d) successively according to seniority in tail 
male. 

There were none, as hereinbefore stated. 

Remainder to Testator's second son, Richard Penn (2d), 
for life. 

Richard Penn (2d) died May 27, 1811, leaving issue surviving him, 
as hereinbefore shown, viz. : 

1. "William Penn, who died Sept. 17, 1845, married, without 

issue. 

2. Hannah, who died July 16, 1856, unmarried, without issue. 

3. Richard Penn (3d), who died April 21, 1863, unmarried, with- 

out issue. 

4. Mary, who married Samuel Payuter, and died March 26, 1863, 

without issue. 

Remainder to the first son of said Richard Penn (2d) in 
tail male. 

William Penn died Sept. 17, 1845, married, without issue, as here- 
inbefore stated. 

Remainder to the second, third, and other sons of said 
Richard Penn (2d) successively according to seniority in tail 
male. 

Richard Penn (3d), the second son, died April 21, 1863, without 
issue, as hereinbefore stated. He was the last tenant in tail male 
of the Richard Penn (1st) one-fourth, and upon his death it went 
over to Granville John Penn in tail male, as hereinafter shown. 



WC, 



The General Title of the Penn Family to Pennsylvania. 67 

Remainder to Testator's third son, William Penn, in tail 
male. 

William Penn died Feb. 4, 1760, without issue, as hereinbefore stated. 

Remainder to Testator's other sons successively according 
to seniority in tail male. 

There were none, as hereinbefore stated. 

Remainder to Testator's brother, Thomas Penn, for life. 

Thomas Penn died March 21, 1775, leaving issue, as hereinbefore 
stated. 

Remainder to the first son of said Thomas Penn in tail 
male. 

John Penn (3d), the eldest surviving son of Thomas Penn, died June 
21, 1834, unmarried, without issue, as hereinbefore stated. 

Remainder to the second, third, and other sons of said 
Thomas Penn successively according to seniority in tail 
male. 

Granville Penn, the second and last surviving son, died Sept. 28, 1844, 
leaving male issue surviving him, as hereinbefore shown, viz. : 

1. Granville John Penn, his eldest surviving son, who died 
March 29, 1867, without issue. This limitation went into effect 
upon the death, without issue, of Richard Penn (3d), as herein- 
before stated, 

2 Thomas Gordon Penn, the second surviving son of Granville 
Penn, died Sept. 10, 1869, unmarried, without issue. This 
limitation went into effect upon the death, without issue, of 
Granville John Penn, as hereinbefore stated. Thomas Gordon 
Penn was the last tenant in tail male. 

3. William Penn, the third surviving son of Granville Penn, died 
Jan. 7, 1848, unmarried, without issue. 

Remainder to the Heirs of the Body of Testator's son, 
John Penn (2d), in tail general. 

There were none, as hereinbefore stated. 

Remainder to the Heirs of the Body of Testator's son, 
Richard Penn (2d), in tail general. 



68 The General Title of the Penn Family to Pennsylvania. 

All the lines of descent from Richard Penn (2d) became extinct 
upon the death of Richard Penn (3d) on April 21, 1863, without 
issue, as hereinbefore shown. 

Remainder to the Heirs of the Body of Testator's son, 
William Penn, in tail general. 

William Penn died Feb. 4, 1760, in infancy, without issue, as herein- 
before stated. 

Remainder to all and every the other sons successively of 
the Testator in tail general. 

There were no others, as hereinbefore stated. 

Remainder to Testator's daughter, Hannah Penn, for life. 

Hannah Penn married James Clayton, and died without issue, and 
was buried Oct. 2, 1791, as hereinbefore stated. 

Remainder to the first son of said Hannah Penn in tail 
male. 

There was none, as hereinbefore stated. 

Remainder to the second, third, and other sons of said 
Hannah Penn successively according to seniority in tail 
male. 

There were none, as hereinbefore stated. 

Remainder to the Heirs of the Body of said Hannah 
Penn in tail general. 

There were none, as hereinbefore stated. 

Remainder to the Heirs of the Body of Testator in tail 
general. 

The last surviving descendant of the Testator, Richard Penn (1st), 
was Richard Penn (3d), who died without issue, April 21, 1863, as 
hereinbefore shown. 

Remainder to the Heirs of the Body of Testator's brother, 
Thomas Penn, in tail general. 

This limitation ultimately went into effect, as hereinafter shown, in 
the line of Sophia Margaretta Stuart, the youngest daughter of 
Thomas Penn. 



The General Title of the Penn Family to Pennsylvania. 69 

With further limitations over in default thereof, which 
did not take effect.^ 

By following out the foregoing limitations and genealogi- 
cal details it will be seen that 

Mrst. Upon the death of John Penn (1st) on October 
25, 1746, his one-half of the General Estate passed to his 
brother, Thomas Penn, for life, with limitations over to his 
heirs in tail male, and ultimately to his heirs in tail general 
As the entail of Thomas Penn's one-fourth followed exactly 
the same line of descent as John Penn's one-half, Thomas 
Penn and his descendants had, after October 25, 1746, when 
John died, the possession of three-fourths of the General 
Estate. 

Second. Upon the death of Richard Penn (3d) on April 
21, 1863, the Richard Penn (Ist) one-fourth passed over in 
tail male to the Thomas Penn line, and Granville John 
Penn, who was then the tenant for life of the John Penn 
(Ist) one-half and the Thomas Penn one-fourth, thus became 
possessed of the entire General Estate. 

Third. Upon the death of Granville John Penn on 
March 29, 1867, without issue, the entire General Estate 
passed to his younger brother, the Rev. Thomas Gordon 
Penn. He being the last representative in the male line 
among the descendants of William Penn the Founder by 
his second marriage, and, consequently, the last representa- 
tive in the male line of John, Thomas, and Richard Penn, 
the " Joint Proprietaries," the male entail of the entire 
General Estate came to an end upon his death on Septem- 
ber 10, 1869, and the limitations in tail general in the line 
of Thomas Penn came into effect. 

Fourth. All the elder branches, both male and female, in 
the line of Thomas Penn having become exhausted, the title 
vested in the eldest son of Sophia Margaretta Stuart, the 
youngest daughter of Thomas Penu, as tenant in tail general. 

In each of the instruments creating the entail it was pro- 

^ These limitations over are given in brief in Item No. 20 of Judge 
Cadwalader's Abstract, supra. 



70 The General Title of the Penn Family to Pennsylvania. 

vided that every person becoming entitled to the estate 
thereby settled, and likewise the several persons marrying 
with any females who should be or should become entitled, 
should, from time to time, when and as they should respec- 
tively become entitled to the same, take and use the sur- 
name of Penn and that only, and no other surname therewith, 
and should also bear the Settlor's family coat-of-arms. 
These provisions, however, being "conditions subsequent," 
were of no effect, and the estate vested irrespective of them.^ 

Sophia Margaretta Stuart, the youngest child of Thomas Penn, died 
as hereinbefore stated, on April 29, 1847. Her issue were : 
1. Mary Juliana, born May, 1797; married, Feb, 28, 1815, Thomas 
Knox, Viscount Northland, afterwards Earl of Ranfurly. She 
died July 11, 1866, leaving issue, having had three sons &nd 
five daughters. 

^ Upon this point the following opinion was given by two of the 
most eminent real estate lawyers at the Bar : 

"The provision contained in the wills of John and Richard Penn 
and the Settlement of Thomas Penn, that the tenant in tail for the time 
being shall assume the name and arms of Penn, is, by all the authorities, 
a condition subsequent : Robinson vs. Robinson, 1 Burr. 38 ; S. C. — Hicks 
vs. Robinson, 5 Bro. Pari. Gas. 286 ; Gulliver vs. Ashby, 1 Wm. Bl. 607; 
4 Burr. 1929 ; Davies vs. Lowndes, 2 Scott, 67. And it is obvious that this 
must be the case, for the assumption of a new name, and the adoption of 
new arms, must require the performance of some acts after the devolu- 
tion of the inheritance. Indeed, if the condition were one precedent to 
the vesting of the estate, it would be unquestionably too remote : Lewis 
on Perpetuities, 616 ; Jarman on Wills, 805. 

" This being so, as a condition grafted on an estate tail, it may be 
barred by the tenant in tail for the time being, by a common recovery, 
though at the time he had not assumed the name and arms : Gulliver vs. 
Ashby, ut supra; Doe vs. Edgar, 1 Cowp. 382 ; Page vs. Hay ward, 2 Salk. 
370 ; Watson vs. Earl of Lincoln, 1 Amb. 328 ; Cruise on Recoveries, 
282; Fearne, 424; Lewis on Perp., 668; 1 Jar. 805. 

"Therefore, we are of opinion that Mr. William Stuart, being, as it 
appears, the present tenant in tail, may, by deed executed, acknowledged 
and recorded according to the Pennsylvania Act of 1799, convey or re- 
lease any estate or right he may have in that State, without, and prior 
to, assuming the name and arms of Penn. 

"Henry Wharton. 

" Wm. Henry Rawle. 

"June 1, 1870." 



The General Title of the Penn Family to Pennsylvania. 71 

2. William Stuart (2d), of Tempsford Hall, Beds ; Aldenham 

Abbey, Herts, and Hill Street, Berkeley Square, London, eldest 
son, born October 31, 1798; married (first wife), August 8, 1821, 
Henrietta Maria Sarah, eldest daughter of Admiral Sir Charles 
Morice Pole, Bart., by whom he had three sons and three 
daughters. He married (second wife), August 31, 1854, Geor- 
giana Adelaide Forester, daughter of Gen. F. N. Walker. Upon 
the death of the Rev. Thomas Gordon Penn, on Sept. 10, 1869, 
he became tenant in tail general of the entire unsold estate, 
and barred the entail, as hereinafter mentioned. 

3. Henry, born 1804 ; died October 26, 1854. 

4. Louisa Stuart, who died unmarried, without issue, Sept. 29, 1823, 

and was buried at Luton. 

The entail of what remained of the General Proprietary 
Estate of the Penns was barred by William Stuart (2d) the 
tenant in tail general in the manner prescribed in the Act 
of Assembly, entitled " An Act to facilitate the barring of 
entails," approved January 16, 1799. By Indenture dated 
August 5, 1870, duly acknowledged, and on motion made in 
the Court of Common Pleas of Philadelphia County on Sep- 
tember 24, 1870, entered among the records thereof in Book 
No. 29, page 322, &c., and upon another motion made in the 
Supreme Court for the Western District of Pennsylvania 
on October 17, 1870, entered among the records thereof in 
Book K, pages 2, 3, 4, and 6, and also recorded on De- 
cember 22, 1870, in the office for Recording Deeds, &c., for 
the City and County of Philadelphia, in Deed Book J A H, 
No. 98, page 309, &c., William Stuart, reciting that 
" Whereas the said William Stuart as the present heir at 
common law in tail of John Penn the elder John Penn 
the younger Thomas Penn and Richard Penn or of some of 
them is by force and effect of sundry Deeds Wills and de- 
scents cast seised of certain lands tenements and heredita- 
ments in the Commonwealth of Pennsylvania or of right 
ought so to be," and stating the purpose of thereby, in 
pursuance of the statute, barring the entail, granted unto 
William Levi Bull (then a student at law in the office of 
William Henry Rawle, Esquire), his heirs and assigns, "All 
and singular the lands tenements and hereditaments of 
what nature or kind soever in the State of Pennsylvania 



72 The General Title of the Penn Family to Pennsylvania. 

aforesaid whereof he the said party of the first part [Wil- 
liam Stuart] now is or of right ought to be seised as tenant in 
tail as aforesaid/' to hold the same with the appurtenances 
an trust nevertheless to grant and convey the same by the 
Indenture thereto annexed unto him the said party of the 
first part thereto William [Stuart] his heirs and assigns 
"in absolute fee simple free clear and discharged of and 
from all conditions covenants and restrictions whatsoever." 
Accordingly by the thereto annexed Indenture which 
was dated September 2, 1870, duly acknowledged, and re- 
corded at Philadelphia in the office for the Recording of 
Deeds, &c., in Deed Book J A H, No. 98, pages 311, &c., 
the said William Levi Bull reconveyed the said lands tene- 
ments and hereditaments to the said William Stuart his 
heirs and assigns " in absolute fee simple clear and dis- 
charged of and from all limitations conditions covenants 
and restrictions whatsoever." 

In the minds of some conveyancers and real estate law- 
yers doubts occasionally arose as to the regularity of grants 
by the Penns ; such, for instance, as to how long the power 
of sale in fee with which the tenants in tail male were 
clothed continued in force ; whether in all cases quit-rents 
had been reserved, thus accurately complying with the 
provisions of the powers of sale ; whether the entail had 
always been properly barred when deeds were executed, etc. 
An attempt to remedy informalities of the latter nature 
was made, in so far as titles in the Manor of Springettsbury, 
in Philadelphia County, were concerned, by the execution, 
on February 17, 1831, of a deed of confirmation, recorded 
in Deed Book A M, No. 6, page 628, etc., by John Penn 
(3d) and William Penn, the then respective tenants in tail 
male, by their attorney in fact, to Thomas W. Morris in trust 
for all purchasers in order to bar the entail as to former 
conveyances, but it was questioned how far an attorney in 
fact was authorized to confirm the title to lands which he 
had not himself conveyed. To lay these ghosts of the past 
and to render all the titles secure beyond peradventure, the 



The General Title of the Penn Family to Pennsylvania. 73 

said William Stuart and Georgiana Adelaide Stuart his 
wife, by Indenture dated November 11, 1870, duly acknowl- 
edged, and on motion made in the Supreme Court for the 
Eastern District of Pennsylvania on March 9, 1871, entered 
among the records thereof in Book J R S, No. 1, pages 
81, 82, and 83, and also recorded on March 25, 1871, in 
the office for Recording Deeds, etc., for the City and County 
of Philadelphia, in Deed Book J A H, No. 123, pages 
442, etc., stating the purpose of thereby, in pursuance of 
the statute, barring the entail, granted and confirmed unto 
the said William Levi Bull, his heirs and assigns, " All 
and singular the lands tenements and hereditaments in 
the said Commonwealth [of Pennsylvania] which the said 
John Penn the elder John Penn the younger the said 
Thomas Penn the said Richard Penn or any subsequent 
tenant in tail thereof severally and respectively either by 
themselves or their attorneys in fact have granted and con- 
veyed to divers persons for a full and valuable consideration 
intending to grant and convey such premises to the pur- 
chasers in fee simple, to have and to hold the same with the 
appurtenances to the use of every such purchaser or pur- 
chasers and their heirs and assigns so as to enure to the 
benefit of all persons holding or claiming any estate title or 
incumbrance in or upon any such lands tenements and 
hereditaments derived or created by or under any bona fide 
purchaser for a good and valuable consideration from the 
said tenants in tail respectively for the time being as afore- 
said with the intent that all such grants and conveyances by 
them or any of them so heretofore made be hereby abso- 
lutely ratified confirmed and established." 

By Deed Poll dated December 16, 1874, Georgiana Ade- 
laide Stuart, then the widow of William Stuart (2d), released 
to all persons concerned all or any dower right which she 
might have in any lands tenements hereditaments and es- 
tate of her late husband in Pennsylvania or elsewhere in 
the United States of America. 

The title subsequent to the barring of the entail, by the 



74 The General Title of the Penn Family to Pennsylvania. 

effect of which the estate became vested in William Stuart 
(2d) absolutely in fee simple, is as follows : 

William Stuart (2d), died July 7, 1874, having by his 
Will, dated September 4, 1854, proved in England Septem- 
ber 26, 1874, an Exemplification of which was filed of 
record in Philadelphia and registered there in Will Book 
No. 88, p. 367, devised all his real estate to his eldest son 

William Stuart (3d), of Tempsford Hall, Beds ; Alden- 
ham Abbey, Herts, and Hill St., Berkeley Square, Lon- 
don, known as Colonel William Stuart; born in London 
March 7, 1825; married, September 13, 1859, Katharine, 
daughter of John Armitage Nicholson, Esq., of co. Meath, 
Ireland. She died October 16, 1881. He died December 
21, 1893. They had two sons and two daughters. William 
Stuart (3d), by Indenture dated October 25, 1892, recorded 
at Philadelphia in Deed Book T G, No. 220, p. 491, &c., 
and elsewhere, granted and conveyed in fee simple all his 
lands and estates in Pennsylvania and elsewhere in the 
United States of America to his eldest sou 

William Dugald Stuart, of Tempsford Hall, Beds ; Al- 
denham Abbey, Herts, and Hill St., Berkeley Square, Lon- 
don, now living, the present owner of the Penn estate in 
Pennsylvania. He was born October 18, 1860; married, 
July 11, 1893, Millicent Helen Olivia, daughter of Captain 
G. W. Bulkeley-Hughes. William Dugald Stuart's father, 
by his Will, dated July 6, 1887, proved in England February 
13, 1894, directed that all his American property should be 
sold and the proceeds paid to his said eldest son, William 
Dugald Stuart. As Colonel Stuart had anticipated this tes- 
tamentary disposition of his estate by the deed of October 
25, 1892, above mentioned, it was not necessary to file of 
record in Pennsylvania an Exemplification of his Will. 

By Deed Poll dated August 26, 1893, recorded in the 
ofiice for the Recording of Deeds, etc., in Philadelphia, in 
Deed Book T G, No. 308, pages 475, &c., Millicent Helen 
Olivia Stuart, the wife of William Dugald Stuart, released 
to all persons concerned all her dower right in the lands 
tenements hereditaments and estates whatsoever of her 



The General Title of the Penn Family to Pennsylvania. 75 

said husband in Pennsylvania or elsewhere in the United 
States of America. 



At the beginning of this sketch of the Penn Proprietary 
title reference was made to the article in " The American 
Law Register," written by the late Eli K. Price, Esq., one 
of the most eminent real estate lawyers of his time, and 
thoroughly qualified to express an opinion upon the subject 
and everything connected with it. After referring in brief 
to the devolution of the title, he mentioned the fact of the 
execution of the confirmatory deed of November 11, 1870, 
and expressed his gratification that all possible doubts upon 
the questions which had troubled him and others had 
thereby been laid at rest. " Here," he wrote, " is an act 
quietly done, and unknown except to a few individuals, 
of historical interest and of great beneficence, and which 
fittingly crowns the honorable dealings of all the Penn 
Proprietaries with their settlers and successors. For more 
than a century, few even in the legal profession have under- 
stood the precise nature of the title and the powers of the 
Penns to the soil in Pennsylvania; and they have always 
been so honorably represented as to give to settlers and 
purchasers entire confidence, without inquiry into the wills, 
articles of agreement, and marriage settlements of the 
family, few of which were of record or accessible within 
the province or State, and were first got together and 
printed by William Henry Rawle, Esq., in 1870. It was 
not known until then what would be the disposition of the 
heir coming through a female branch, whether to attempt 
to take advantage of defects and omissions, or to confirm 
titles made by his predecessors, because he was wholly 
unknown to us. The deed above recited sufficiently proves 
that to William Stuart, Esq., we owe thanks and gratitude, 
and that we should hold his name and memory in honor in 
common with all the Penns in their relations with the people 
of Pennsylvania." 



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